Mason v. Underwood

This is an appeal from an order granting defendant’s motion for a new trial. The action is one to recover damages for false imprisonment. The plaintiff recovered a verdict in the sum of $3,250. The motion for a new trial was made on the ground, among others, of excessive damages appearing to have been given under the influence of passion or prejudice. The trial court granted the motion on this ground and the plaintiff has appealed.

The rules governing the respective functions of trial and appellate courts in considerations of motions for a new trial on a discretionary ground have been so…