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Fisch v. Manger

Supreme Court of New Jersey
130 A.2d 815 (N.J. 1957)


Facts

William Fisch (plaintiff) was injured in a car accident and brought suit against George Manger (defendant) and others. The jury awarded Fisch $3,000 in damages. Fisch moved for a new trial, seeking a higher amount of damages. The trial court, agreeing that the damages were inadequate, stated that the motion would be granted unless Manger and the other defendants agreed to increase the award to $7,500. The defendants agreed to raise the award to $7,500 so the motion for new trial was denied. Fisch appealed, arguing that the court may not condition the granting of a new trial on the defendants agreeing or not agreeing to increase the jury award.

Rule of Law

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Issue

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Holding and Reasoning (Jacobs, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Concurrence (Heher, J.)

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