NALLY v. TEXAS-ARIZONA MOTOR FREIGHT, INC.

No. 6622.

353 P.2d 678 (1960)

67 N.M. 153

Boyd NALLY, Plaintiff-Appellant, v. TEXAS-ARIZONA MOTOR FREIGHT, INC., a corporation, Defendant-Appellee.

Supreme Court of New Mexico.

July 5, 1960.


Attorney(s) appearing for the Case

E. Forrest Sanders, William W. Bivins, Las Cruces, for appellant.

W.C. Whatley, Raymond E. Riordan, Las Cruces, for appellee.


CARMODY, Justice.

Plaintiff appeals from an order granting a remittitur or in the alternative a new trial. The sole question is a procedural one as to the authority of the trial court to order a remittitur under the circumstances of this case.

The jury awarded the plaintiff $10,000 damages in a personal injury action on January 14, 1959. Five days later, defendant filed a motion for judgment non obstante veredicto or for a new trial. Argument was had, but...

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