WESTHUES, Commissioner.
This is a personal injury action. Appellant, plaintiff below, by a jury verdict was awarded $40,000 damages. The trial court granted a new trial assigning as grounds therefor that the verdict was so excessive as to indicate bias and prejudice against the defendant. Plaintiff appealed.
The sole question for decision is whether the trial court in granting a new trial exercised sound judicial discretion as the defendant contends or whether...
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