Sherwood v. Kyle

Citations

• 125 Cal. 652
• 58 P. 270
• 1899 Cal. LEXIS 921

Syllabus

<p>New Trial — Excessive Damages fob Seandeb — Conditional Obdeb—Power of Coubt.—Upon a motion for new trial upon the ground that excessive damages were awarded by the jury to the plaintiff in an action for slander, under the influence of passion or prejudice, the court has power to make a conditional order granting a new trial, unless the plaintiff shall remit the portion of the judgment for damages deemed by the court to be excessive.</p> <p>Id.—Damages fob Personal Tort—Duty of Court—Discretion-Review upon Appeal.—In an action for damages for a personal tort, the court should not substitute its judgment for that of the jury, and should not grant a new trial for excessive damages, unless it is so excessive as to indicate that it was given under the influence of passion or prejudice. But the action of the court in granting a new trial upon that ground will not be disturbed upon appeal where it does not clearly appear that its discretion to grant it has been abused.</p> <p>Id.—Order Granting New Trial—Review of Grounds of Motion. An order granting a new trial upon any ground may be sustained by the respondent upon any point involved in the motion.</p>