White

— It has been long settled that in actions for assault and battery, damages are a question for the jury, and that courts should be exceedingly guarded in interfering with verdicts in such cases, but it is equally true that the jury are not the uncontrolled judges of the propriety of tlieir own verdicts, and it is the duty of the courts in aggravated eases, where the damages given are so excessive as to warrant the presumption of malice'or prejudice, to interfere and set them aside. This power we have seldom been called upon to exercise, but whenever a proper case has been shown, we have not refused to grant a new trial. There is no sanctity about the verdict of a jury that would warrant a court in standing by and allowing a party to be ruined by their ignorance, caprice or prejudice. Having premised thus much as to the power of courts, we will proceed to examine the facts of the case.

It appears that the defendant, while in a state of intoxication, was found in the premises of the plaintiff (a cellar for bottling ale and porter). Whether his inebriety was occasioned by liquors obtained there or at some other establishment does not appear. While lying in a state of stupefaction,…