Hirabelli v. Daniels
Utah Supreme Court
Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by Carmine Hirabelli against Max Daniels. ' Judgment for plaintiff and order denying defendant’s motions to vacate that judgment and reinstate the verdict rendered on previous trial and for a new trial. Defendant appeals. appellant’s points. It is the duty of the jury to consider the testimony, and not automatically return a verdict in accord with the expert opinion.
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Appeal from District Court, Third District; Hon. T. D. Lewis, Judge. Action by Carmine Hirabelli against Max Daniels. ' Judgment for plaintiff and order denying defendant’s motions to vacate that judgment and reinstate the verdict rendered on previous trial and for a new trial. Defendant appeals. appellant’s points. It is the duty of the jury to consider the testimony, and not automatically return a verdict in accord with the expert opinion. (Head v. Haxrgreave, 105 U. S. 45, 26 Law Ed. 1028; Rogers Expert Evidence, 487; Cosgrove v. Leonard, 33 S. W. 777; BundaTl v. Packard, 36 N. E. 823;…
1Opinion of the CourtStraup, J.
The plaintiff brought this action to recover damages for an alleged assault and battery. The case was tried three times, each time before a different judge and jury. The judgment *91on the first trial was reversed for errors in the charge. (40 Utah, 513, 121 Pac. 966.) On the second, a verdict was rendered in favor of the plaintiff for thirty-five dollars actual damages. The court, on plaintiff’s motion, and against the defendant’s objection, granted a new trial. On the third trial a verdict was rendered in favor of the plaintiff for $119 “actual damages” and “no punitive damages.” The defendant…
2Cases cited2 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- Hirabelli v. DanielsUtah Supreme Court · 1912
3Cited by16 opinions
- Chatelain v. ThackerayUtah Supreme Court · 1940
- Paul v. KirkendallUtah Supreme Court · 1953
- Saltas v. AffleckUtah Supreme Court · 1940
- Perrin v. Union Pac. R.Utah Supreme Court · 1921
- Klinge v. Southern Pac. Co.Utah Supreme Court · 1936
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