The propositions which control this case are the same as those ruled upon in the case of Swanson v. Schultz, ante, p. 278,
Plere, as in the Swanson Case, the trial court was of the opinion that the damages allowed by the jury were excessive. Without determining the lowest amount an impartial jury, properly instructed, would'reasonably fix, he apparently reduced the assessment here in the same manner as in the Swanson Case. Error exists because of the character of the option given respondent. The judgment of the trial judge on the question of whether damages are excessive or not must be accorded considerable influence when the matter is presented to this court. He has seen the witnesses and heard the testimony. When, however, the record discloses that the judge probably failed to follow the correct rule in correcting an excessive assessment of damages, if the situation warrants such interference at all, we must return the case for his further action in the matter unless we can determine from the evidence submitted what the proper amount is, under the
By the Court. — Judgment reversed, and cause remanded for the granting of an option to plaintiff to take judgment for the lowest amount or submit to a new trial under the rule provided for such cases.