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· 7/29/1898

Palmer v. Leader Publishing Co.

Citations

  • 7 Pa. Super. 594
  • 1898 Pa. Super. LEXIS 348

Syllabus

<p>Libel — Nominal damage — •Measure of damages.</p> <p>Where the jury has been properly instructed as to the limitations and measure of damages, it is not cause for reversal that they award merely nominal damages.</p> <p>Practice, Superior Court — New trial — Nominal damages.</p> <p>The power to grant a new trial because of the inadequacy as well as the excessiveness, of the damages allowed by the jury is undisputed, but this power is much more rarely exercised in the former than in the latter case, and if such caution is properly exercisible by the trial court, much more cautiously should an appellate court ¡proceed where the trial court, after a conscientious review of the case, has refused to set aside the verdict.</p>

Judges: Oelady, Poetee, Reedee, Rice, Rige, Smith, Wicicham

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