Baker v. Public Service Railway Co.

The opinion of the court was delivered by

Swayze, J.

This is a rule to show cause allowed to the defendant, against whom a verdict for $8,000 was recovered. The rule is limited to the grounds that the damages are excessive and the verdict contrary to the weight of evidence. This course was pursued in the case of Blonski v. American Enameled Brick and Tile Co., 47 Vroom, 89, but when the case came before this court, we assumed that the weight of evidence was such that the jury was justified in accepting the view of the plaintiff. We held that the rule to show cause must be made absolute because,…