Drake v. Palmer, Cook & Co.

Mr. Ch. J. Murray

delivered the opinion of the Court.

Mr. J. Heydeneeldt concurred.

*12On the first trial of this case,† which was an action of trespass, the plaintiffs recovered a judgment for the sum of $4,666 66. The Court below set aside the verdict of the jury, and granted a new trial, from which order the plaintiffs appealed. Upon the decision of this appeal, we held that the right of granting or refusing new trials was discretionary with the Court below, subject, however, to the review and control of this Court, in cases of-gross-or wilful abuse. On the second trial of the case, the jury…