PRACTICE AND PROCEDURE - SEVENTH AMENDMENT- POWER OF FEDERAL COURT TO INCREASE INADEQUATE VERDICT

Authors

Abstract

A jury in a federal court awarded the plaintiff $500 for injuries received in an automobile accident. The plaintiff thereupon moved for a new trial on the · ground of inadequate damages. The trial judge, having obtained the consent of the defendant to entry of judgment for $1,500, denied the motion. Plaintiff appealed. Held, (Morton, C. J., dissenting) such procedure operates as a violation of the Seventh Amendment, and the only course open to a federal court in a case where damages are inadequate is to grant a new trial. Schiedt v. Dimick, (C. C. A. ·1st, 1934) 70 F. (2d) 558.

Recommended Citation

PRACTICE AND PROCEDURE - SEVENTH AMENDMENT- POWER OF FEDERAL COURT TO INCREASE INADEQUATE VERDICT, 33 Mich. L. Rev. 138 (1934).
Available at: https://repository.law.umich.edu/mlr/vol33/iss1/20