Knapp v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Action to recover on a contract for Hauling freight, BvMz, J. Appeal from the District Court of Burke County from an order setting aside a judgment and granting a new trial after a verdict had been directed for the defendant. Defendant appeals.
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Action to recover on a contract for Hauling freight, BvMz, J. Appeal from the District Court of Burke County from an order setting aside a judgment and granting a new trial after a verdict had been directed for the defendant. Defendant appeals. Statement by Bruce, J. This action was brought to recover $481.83 and interest claimed to be due under a contract by which the defendant agreed to pay the, plaintiff 5 cents a bushel for hauling wheat from Boscurvis, Saskatchewan, Canada, and Paisley and Newport, North. Dakota, to the depot or shipping tracks of the defendant railway company at…
1Opinion of the CourtBruce, J.
(after stating the facts as above). We have repeatedly held that the granting of a new trial for insufficiency of the evidence to support a verdict is within the trial court’s discretion unless no ■conclusion can be drawn from the evidence except one favorable to the party for whom the verdict was found. Malmstad v. McHenry Teleph. Co. 29 N. D. 21, 149 N. W. 690. The same rule should, of course, apply where the trial court has directed a verdict and later sets it aside believing that he erred in his decision.
The first point urged by respondent as a justification for the action of the trial…
2Cases cited22 opinions
- Mitchell Coal & Coke Co. v. Pennsylvania RailroadSupreme Court of the United States · 1913
- Interstate Commerce Commission v. DiffenbaughSupreme Court of the United States · 1911
- Deming & Co. v. Merchants' Cotton-press, etc., Co.Tennessee Supreme Court · 1891
- Farmers' & Mechanics' Bank v. Champlain Transportation Co.Supreme Court of Vermont · 1851
- Blanc v. Paymaster Mining Co.California Supreme Court · 1892
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3Cited by3 opinions
- United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916
- Knapp v. Minneapolis, St. Paul, & Sault Ste, Marie Railway Co.North Dakota Supreme Court · 1916