Van Ostrum v. State of California

Dale Velzy, one of the plaintiffs herein, appeals from an order granting a new trial as to him. The action seeks recovery of damages caused by defendant’s negli gence. Liability was admitted at the trial and defendant offered no evidence. The jury rendered a verdict for $4,000 in Velzy’s favor.

Defendant moved for a new trial upon two grounds, (1) insufficiency of the evidence to justify the verdict, and (2) excessive damages appearing to have been given under the influence of passion or prejudice. After argument the court on January 31, 1956, orally ruled: “That motion is granted unless on or…