Southard v. Bangor & Aroostook Railroad
Supreme Judicial Court of Maine
On motion by defendant. Motion sustained. New trial granted on the question of damages only. This is an action on the case to recover damages for personal injuries sustained on account of the negligence of the defendant. Plea, the general issue. The jury returned a verdict for the plaintiff of $8500. The defendant filed a general motion for a new trial and also a motion for a new trial on the ground of newly discovered evidence. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
The plaintiff recovered a verdict of $8500 against the defendant for personal injuries. The only question submitted to the jury was that of damages, for the defendant admitted liability. The defendant filed a general motion for a new trial; also a motion based on newly discovered evidence.
As to the general motion, we think it only necessary to say that the verdict seems excessive. But we will not undertake now to discuss the question, for we think the motion based on newly discovered evidence should be sustained.
At the trial the vital question was, — what was then the plaintiff’s physical…
2Cited by8 opinions
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- Forshagen v. PayneCourt of Appeals of Texas · 1949
- Johnson v. RuleSupreme Court of Vermont · 1933
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