Bodon Ex Rel. Bodon v. Suhrmann

I dissent, hut agree with the majority opinion’s admission that “We know of no case in which this court has directed an increase of an award of damages.” I cannot agree, however, with the next sentence which states: “But * * * there appears 'to be no persuasive reason for any differentiation between doing so (increasing an award) and ordering a reduction because the verdict is excessive.” The authorities, including the U. S. Supreme Court, sharply differ with the main opinion’s unsupported conclusion, and demonstrate that there is reason for such differentiation.

Before canvassing the…