Murray v. Krenz

In Murray v. Krenz, 94 Conn. 503, 109 A. 859 (1920), the plaintiff filed a motion to set aside the verdict and for a new trial only as to the issue of damages, but sought to enforce the verdict as to the jury's determination of the defendant's liability. The trial court denied the motion, concluding that a new trial on the question of damages alone would do injustice to the defendant. Murray v. Krenz, supra, 94 Conn. 504-505. The Court concluded that the trial court was correct and outlined the general principles involved, which subsequent cases have followed. "If the error committed by the trial court be confined to a single issue, it limits the retrial to that single issue, when this can be done without prejudice to individual rights or judicial procedure. . . . Where the error as to one issue or issues is separable from the general issues, the new trial may be limited to the error found, provided that such qualification or limitation does not work injustice to the other issues or the case as a whole." Id., 507.