Ice-Kist Packing Co. v. J. F. Sloan Co.

Plaintiff obtained a jury verdict of $649.35 damages. Upon its motion the court granted a new trial on damages alone. Defendant appeals.

Questions Peesented

1. Is the order granting new trial on the issue of damages alone void?

2. Did the trial court abuse its discretion in granting a limited new trial? Corollary to this is defendant’s contention that there was no evidence of its being negligent and that there was clear proof of its alleged defenses—contributory negligence and assumption of risk.

1. Order.

The notice of intention to move for new trial sought a new trial upon the issue of damages alone, and, in the alternative, on all issues upon the ground of “insufficiency of the evidence to justify the verdict and that said verdict is against law in that said verdict . . . awarded damages which were grossly inadequate and in complete variance with the evidence presented and completely contrary to all the evidence.” By its own language the notice restricted the ground upon which the new trial was sought to insufficiency of evidence, as it appears that the only respect in which it was claimed that the verdict was against law was because of insufficiency of evidence. Moreover,…