Merrell, Dir. of Highways v. Matt

Upon the first trial of this case in the probate court a verdict was rendered in favor of the defendants in error, George J. Matt and others, who filed a motion for a new trial. Their motion was granted upon the ground that the verdict was against the weight of the evidence.

Upon the second trial a verdict was again rendered in favor of the defendants in error for almost twice the original amount. Motion for a new trial was filed by the plaintiff in error. This motion was overruled.

This court ordered a remittitur in lieu of a reversal of the judgment upon the weight of the evidence.

It is…