43 Kan. 307 | Kan. | 1890
The opinion of the court was delivered by
This was an action in the court below for slander. The iury returned a verdict for the plaintiff for $4,000.
It was alleged in the motion for a new trial, among other things, that the damages allowed were given under the influence of passion or prejudice. In overruling the motion for a new trial the court found that the assessment of the jury beyond the sum of $500 was excessive. Seven-eighths of the verdict was voluntarily remitted by the plaintiff rather than to have a new trial. In view of the action of the trial court,
We do not desire to intimate that a verdict of $500, or even a larger sum, would be excessive in a case of this kind, if a jury free from passion or prejudice should render such a verdict; but a verdict that is seven-eighths excessive ought not to be the basis of a judgment. In such a case a new trial should be allowed.
The judgment of the trial court will be reversed, and the cause remanded.