Kohler v. Fairhaven & New Whatcom Railway Co.

The opinion of the court was delivered by

Hoyt, J.

— Appellant brought his action against the respondent for personal injuries. The jury returned a verdict in his favor for the sum of five thousand dollars. Motion for a new trial was made by the defendant, and granted by the court, on the ground that the damages were excessive. From the order granting such motion plaintiff has prosecuted this appeal.

Under the provisions of our statute it is made the duty of the trial court, when a proper motion has been interposed, to determine the question as to whether or not the damages awarded by the jury…