Lynch v. Southern Pacific Co.

In this action the plaintiff seeks to re-

cover damages for injuries received by her through the negligence of the defendant while she was a passenger in a car of the defendant. By a verdict of the jury plaintiff was awarded the sum of $22,750, and judgment was entered accordingly. In ruling upon defendant’s motion for a new trial, the superior court ordered that said motion be granted, unless the plaintiff should within a time limited file a stipulation remitting from the judgment the sum of seven thousand dollars, and that if the plaintiff should file such stipulation the motion for a new trial should be denied. The plaintiff did file the required stipulation remitting from the judgment the sum of seven thousand dollars, and the motion was denied. The defendant appeals from the judgment and from said order denying its motion for a new trial.

The defendant admits its negligence and its liability for such injuries as were received by the plaintiff at the time and place described in the complaint. The defendant contends that its motion for a new trial should have been granted, upon the ground that the damages awarded are so excessive that they appear to have been given under the…