Peasler v. Norton

<p>Abstract of the Decision.</p> <p>1.' New trial., § 115*—when denial on remittitur proper. Where, upon a motion for a new trial after a verdict for plaintiff for somewhat less than the amount of her claim, the trial court held that an item of plaintiff’s claim had been improperly submitted to the jury, its action in permitting the plaintiff to remit the amount of the objectionable items and thereupon deny a new trial, upon the assumption that the jury allowed an item properly submitted as well as the improper item, was not erroneous, where from the items of plaintiff’s claim and the amount of the verdict the court was able to determine with reasonable certainty what items were included in the verdict.</p> <p>2. Contracts, § 384*—when verdict not against weight of evidence. In an action for services claimed to have been performed under an express contract, a judgment allowing one of the items of plaintiff’s claim held not against the weight of evidence.</p>