Baxter v. Fairmont Food Co.

The opinion of the court was delivered by

Hughes, C. J.

This appeal projects again the sometimes troublesome question of the extent and nature of judicial power, whether that of a trial or appellate court, to overrule a jury verdict, not on the basis of trial error on questions of law, but because of claimed discordance between the verdict and the evidence on which it was based.

We consider here a ruling by the Appellate Division which (1) vacated a remittitur as to damages, ordered by the trial court and accepted by- plaintiff, and (2) reinstated the jury verdict fixing damages at $300,000. We…