Baldwin

Federal jurisdiction in this case is asserted and conceded on diversity grounds. Appellee sued for damages alleging that appellants, pursuant to a conspiracy between them, had defrauded him of $4800 by a trick and device inducing amnesia in him by means of drugged drinks. In addition to a prayer for the recovery of that sum, he asked punitive damages in the amount of $100,000. The jury returned a verdict awarding him $54,500 of which it is clear that $4,500 was for actual and the rest for punitive damages. Appellants moved for a new trial, grounding their motion in part on a claim of excessive damages appearing to have been given under the influence of passion and prejudice. The motion was denied.

In brief, the evidence on appellee’s behalf shows that he was sought out by appellants purportedly to discuss real estate, he being a dealer therein. Pursuant to the discussion he picked up the two appellants at San Diego to show them some property in La Jolla. On the way to the latter place the three stopped several times at bars, each time shaking dice to determine who should pay for the drinks. Presently they began shaking dice for money. Appellee testified that at this juncture a…