Charles Hager, Plaintiff-Appellant v. Charles Weber, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reduction of the jury verdict, holding that a verdict that is palpably against the weight of the evidence may be set aside on the ground of mistake, passion, prejudice, or partiality and that such review is permissible under the Constitution of 1947. The Court affirmed that appellate review of a jury verdict is limited to an abuse of discretion standard and does not infringe the constitutional right to a trial by jury. Justice Heheb noted the historical basis for this limited review and rejected the plaintiff's claim that the appellate jurisdiction was unconstitutional. Justice 030concurrence, in a separate concurrence, agreed with the result but warned against eroding the trial judge's discretion on new‑trial motions.