Noel v. Dubuque, Bellevue & Mississippi R.
Supreme Court of Iowa
Appeal from, Dubuque Circuit Court. This is an appeal to the Circuit Court from an assessment of damages by a sheriff’s jury, for the right of way through plaintiff’s land. In the Circuit Court the jury returned a verdict for plaintiff for the sum of $1,530. The defendant filed a motion to set aside the verdict and for a new trial, on the ground that the damages are excessive.
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Appeal from, Dubuque Circuit Court. This is an appeal to the Circuit Court from an assessment of damages by a sheriff’s jury, for the right of way through plaintiff’s land. In the Circuit Court the jury returned a verdict for plaintiff for the sum of $1,530. The defendant filed a motion to set aside the verdict and for a new trial, on the ground that the damages are excessive. The court overruled the motion, but reduced the damages to $1,000, and rendered judgment against defendant for costs. At the time of making said order, the plaintiff by his counsel requested the court to state the…
1Opinion of the CourtDay, J.
The action of the court, it seems to us was clearly erroneous. The plaintiff has the right to have the amount of his damages assessed by a jury. He is under no obligation to accept the determination of the court upon that question. ■True, the court has rights which he may exercise, and duties which-he should perform.
If satisfied that the verdict is so excessive as to appear to have'been given under the influence of passion or prejudice, it is both his right and his duty to set it aside and grant a new trial. If satisfied that the verdict ought not to stand because of its excessiveness he may…
2Cases cited1 opinion
- Brockman v. BerryhillSupreme Court of Iowa · 1864
3Cited by6 opinions
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Canfield ex rel. Canfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1909
- Crawford v. Emerson Construction Co.Supreme Court of Iowa · 1936
- Van Winter v. Henry CountySupreme Court of Iowa · 1883
- Hudson v. W. H. Applegate & Co.Supreme Court of Iowa · 1893
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