Schmidt v. Riess

Two assignments of error are alleged by plaintiff’s counsel. First, it is argued that the court erred *579in refusing to set aside the verdict as perverse and in not granting a new trial.

In support of his claim of perverseness plaintiff’s counsel contends that the damages assessed by the jury are so grossly inadequate as to manifest passion and prejudice, and that such passion and prejudice also entered into the answer of the jury wherein they found the plaintiff guilty of contributory negligence. That the damages assessed are not large is beyond dispute, whether we believe the testimony of the…