Odell v. Public Service Company

For purposes of this dissent I quote the following portion of Rule 59, R.C.P. Colo.:

“(a) GROUNDS. A new trial may be granted to all or any of the parties and on all or a part of the issues, after trial by jury * * *. Subject to the provisions of Rule 61, a new trial may be granted for any of the following causes: * * *

“(5) Excessive or inadequate damages.”

It should be noted that the rule does not require the presence of grossly inadequate or grossly excessive damages. In a case where damages are grossly inadequate or grossly excessive, the court should as a matter of law grant a new trial;…