Dr. v. J. Devine, and Cross-Appellee v. James S. Patteson, Jr., and Cross-Appellant

I am in agreement with the statement in the majority opinion of the general rule that under certain conditions where the issue of damages is entirely separate from the issue of liability, a new trial may be granted limited to the issue of damages only. This Court has so held. Thompson v. Camp, 6 Cir., 167 F.2d 733. But as stated in that case, the court should proceed with caution, with a careful regard for the rights of both parties, and only in those cases where it is plain that the error which has crept into one element of the verdict did not in any way affect the determination of any other…