Shaw v. Browning

The jury, in this case, returned a verdict for damages in the sum of $813.43 for personal injuries which, assuming the injured plaintiff was entitled to recover, was grossly inadequate. The trial court granted a new trial limited to damages.

The defendants appeal, urging: (1) that judgment should have been entered on the verdict; and (2) if a new trial is to be granted, it should be on all issues. As a corollary to (2), it is urged that there were two instructions given by the trial court which were erroneous and may have influenced the verdict on the issue of liability.

The first contention is…