Baltimore Transit Co. v. Smith

Shocked by the jury’s verdict, $35,000, Judge MacDaniel declared he would grant appellant’s motion for a new trial unless appellee (Smith) filed a remittitur of $20,000. Smith refused and appealed to this Court. We dismissed his appeal. After further argument in the court below Judge MacDaniel, somewhat recovered from his initial shock, reduced the remittitur to $15,000. Believing a new trial would “present a direct and unwarranted hazard to * * * [his] physical health and emotional stability” Smith remitted the $15,000. The remittitur, however, failed to assuage appellant’s state of shock…