First Caldwell Oil Co. v. Hunt

127 A. 209, 101 N.J.L. 240, 1925 N.J. LEXIS 226

Opinion

Walker, Chancellor

(concurring). By our present statute and rides of court it is right to grant a new trial on the sole question of the inadequacy (or excessiveness) of damages, when it is clearly separable from that of liability. Robinson v. Payne, Director General (Court of Errors and Appeals), 99 N. J. L. 135. In nry opinion these questions are entirely separable in this case. It is true that that of damages depended upon liability, but the quantum, of damages is in nowise,dependent upon liability. I think a new trial should be granted on the issue of damages only.

Justices Kalisdi and Katzenbach and Judge Gardner authorize me to¡ say that they concur in this view.