BAXTER v. FAIRMONT FOOD CO.


74 N.J. 588 (1977)

379 A.2d 225

ROBERT BAXTER, PLAINTIFF-RESPONDENT, v. FAIRMONT FOOD CO., ET AL., DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided October 21, 1977.


Attorney(s) appearing for the Case

Mr. Richard D. Bennett argued the cause for defendant-appellant Fairmont Food Co. (Messrs. Bennett & Bennett, attorneys).

Mr. Francis Sorin argued the cause for plaintiff-respondent.


The opinion of the court was delivered by HUGHES, C.J.

This appeal projects again the sometimes troublesome question of the extent and nature of judicial power, whether that of a trial or appellate court, to overrule a jury verdict, not on the basis of trial error on questions of law, but because of claimed discordance between the verdict and the evidence on which it was based.

We consider here a ruling by the Appellate Division which (1) vacated a remittitur...

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