Smart

Plaintiff (appellant) sued to recover $5,125 actual and $5,000 exemplary damages on account of personal injuries resulting from a blow on his mouth administered by defendant. A jury trial was had and the jury awarded plaintiff $1,625 actual and $1,000 exemplary damages.

Defendant moved for a new trial and the court made its order granting the motion, conditioned as provided in the order, as follows: “Motion for New Trial granted if plaintiff does not on or before February 19, 1924, remit all damages in excess of $500.00, exclusive of costs, upon the ground of the insufficiency of the evidence to sustain the verdict and also upon the ground of excessive damages appearing to having [sic] been given under the influence of passion and prejudice.”

Plaintiff appeals from the order contending that he is entitled to the full amount awarded by the jury, and that the reduction in the amount made by the trial court was greater than justified by the evidence.

The following facts are fairly shown by the evidence produced by each party, considered together;

Bach party was a blacksmith, and at the time the events complained of occurred each had a blacksmith-shop in Whittier and they were…