Remedies for Excessiveness or Inadequacy of Verdicts: New Trial on Some or All Issues, Remittitur and Additur

Authors

Fleming James Jr.

Abstract

The practice of granting new trials because the verdict is excessive was well established at common law when our constitutions were adopted. Where the damages are liquidated or can be ascertained by the application of fixed rules of law to any given set of facts, a verdict which awards more than the legal rules would yield (under any finding of facts justified by the evidence) appears to be wrong as a matter of law and should clearly be set aside.

First Page

143

Recommended Citation

Fleming James Jr., Remedies for Excessiveness or Inadequacy of Verdicts: New Trial on Some or All Issues, Remittitur and Additur, 1 Duq. L. Rev. 143 (1963).
Available at: https://dsc.duq.edu/dlr/vol1/iss1/3