Myers v. Smith

In this automobile accident case, an order granting a new trial, limited to the issue of damage alone, is here for review. Appellant, defendant below, contends that judgment should be entered on the $4,100 verdict, which is undivided between general and special damage, or, in the alternative, that the new trial should be upon all issues. Respondents, husband and wife, plaintiffs below, contend that the verdict is conclusive on the issue of liability, but that the smallness of the verdict, $4,100, indicates the jury was motivated by passion and prejudice, and that the trial court correctly…