Bell v. Yellow Cab Co.

Dissenting Opinion by

Mr. Justice Bell:

Plaintiff recovered a verdict against defendant in the sum of $29,150 for personal injuries. The Court en banc — because, considering the record as a whole, the verdict was grossly excessive — remitted that part of the verdict in excess of $17,000 and upon plaintiff’s refusal to file the suggested remittitur granted a new trial. From the Order granting a new trial, plaintiff took this appeal.

In considering — not the grant of a new trial but— the entry of a judgment non obstante veredicto, it is hornbook law that an appellate Court considers only the…