Dye v. St. Louis-San Francisco Railway Co.

WESTHUE'S, C.

[ 532] This is a personal injury action. Appellant, plaintiff below, by a jury verdict was awarded $40,000 damages. The trial court granted a new trial assigning as grounds therefor that the verdict was so excessive as to indicate bias and prejudice against the -defendant. Plaintiff appealed.

The sole question for decision is whether the trial court in granting a new trial exercised sound judicial discretion as the defendant contends or whether, as plaintiff says, such action constituted an abuse of such discretion.

A brief statement of the facts will suffice. At about 3:30 o’clock…