Hughes v. Schwartz

Plaintiffs, who are the widow and children of Fay Edward Hughes who was killed by an automobile driven by defendant, brought this action for his wrongful death. The trial resulted in a unanimous jury verdict in favor of plaintiffs in the sum of $1,250. Plaintiffs moved for a new trial on the issue of damages alone. Defendant made no motion for a new trial. The trial court granted a new trial on the issue of damages alone, the order reciting that: “The amount of the award being grossly inadequate, the Court finds that said new trial [on the issue of damages] shall be granted upon the ground of…