What is the test for determining damages awarded by a jury in a motion for a new trial?

California, United States of America


The following excerpt is from Lerner v. Glickfeld, 187 Cal.App.2d 514, 9 Cal.Rptr. 686 (Cal. App. 1960):

"It is the province of the jury and then of the trial court upon motion for new trial, to determine and fix the amount of damages awarded a litigant. They have the witnesses before them and can weigh and consider all the circumstances of the case. All presumptions are in favor of the correctness of the judgment, and under the circumstances of this case we cannot hold it excessive.'

'Also, in Wilson v. Fitch, 41 Cal. 363, 386, we find the following:

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