Hartough v. Safeway Lines, Inc.

In this case we found the damages awarded plaintiff excessive and granted a new trial. Hartough v. Safeway Lines, Inc., ante, 471.

On plaintiff’s application we granted a rehearing.

Plaintiff asks affirmance of the judgment stating,, however:

“That if, upon reconsideration, the court still deems the damages excessive, it state a sum to be remitted on condition of affirmance. ’ ’

Upon reconsideration we are still of the opinion that the damages awarded were so excessive as to preclude granting a conditional remittitur.

Under the record the following observation of Lord Phillimore, in Lionel Barber…