Sweeney v. Pruyne

In this rear-end automobile accident ease, the trial judge, on defendant’s motion, ordered that a new trial on damages be had unless John Sweeney, plaintiff herein, consented to a reduction of the $37,500 jury verdict in his favor to $20,000. On appeal by plaintiff, 1 the Appellate Division held that the order for a remittitur was error and reinstated the original jury award. The matter comes to us by virtue of a dissent in the Appellate Division.

We affirm the judgment of the Appellate Division substantially for the reasons given in the majority opinion, but add the following. This Court has…