Dowd v. McGinnity
North Dakota Supreme Court
Appeal from the District Court of Williams County, Crawford, J. Where the erroneous and incompetent evidence is grossly prejudicial, its withdrawal by the court, after having been received over objection, does not cure the error.
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Appeal from the District Court of Williams County, Crawford, J. Where the erroneous and incompetent evidence is grossly prejudicial, its withdrawal by the court, after having been received over objection, does not cure the error. Wojtylak v. Kansas & T. Coal Co. 188 Mo. 260, 87 S. W. 506; Manzer v. Phillips, 139 Mich. 61, 102 N. W. 292; Roydan v. Pleberstumpf, 129 Mich. 137, 88 N. W. 386. And where the evidence so admitted creates such a strong impression on the minds of the jury that its subsequent withdrawal will not remove effect caused by its admission, the original objection may be…
1Opinion of the CourtBurke, J.
This is an action for damages alleged to have been sustained by reason of an assault and battery. Plaintiff recovered judgment in lower court for $6,550 damages, with interest. Defendant appeals, assigning thirty-four errors of law relating to the admission ■and rejection of testimony; that the evidence is insufficient to justify the verdict, and the further grounds that the court erred in refusing to ■allow him a new1 trial upon shoAving of newly discovered evidence. He has grouped his assignments under eleven points in his brief, and we will discuss the same in the order selected by him.(1)…
2Cases cited4 opinions
- State v. BarryNorth Dakota Supreme Court · 1903
- Walters v. RockNorth Dakota Supreme Court · 1908
- Kersten v. Great Northern Railway Co.North Dakota Supreme Court · 1914
- Huston v. JohnsonNorth Dakota Supreme Court · 1915
3Cited by4 opinions
- Norris v. LancasterTexas Commission of Appeals · 1926
- McGilvra v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
- McGinnity v. DowdNorth Dakota Supreme Court · 1921
- Simons v. DowdNorth Dakota Supreme Court · 1921