Remittitur damnum

The act of the plaintiff upon the record, whereby he abates the excess of damages found by the jury beyond the sum laid in the declaration. See 1 Saund. 2S5, n. 6. It cannot be filed by one of several plaintiffs, and where the widow of one killed by the negligence of a railroad company brought an action for damages on behalf of herself and her children and the parents of the deceased, a remittitur filed by the widow, reducing the judgment on behalf of each claimant, was held to be invalid and a new trial was ordered; Southern Tac. Co. v. Tomlinson, 163 U. S. 309, 10 Sup. Ct. 1171, 41 L. Ed. 193. It is within power of the trial court, in tort for unliquidated damages, to require a plaintiff to remit so much as the court deems excessive, under penalty of having a new trial granted; Noxon v. Remington, 78 Conn. 296, 61 Atl. 903.

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