Legal Opinion

Bass v. Chicago & Northwestern Railway Co.

Wisconsin Supreme Court

Decided January 15, 1876PublishedCited by 12 opinions

' APPEAL from the Circuit Court for Book County. This case was before this court on a former appeal; and in the report thereof, in 36 "Wis., 450, will be found a statement of the pleadings, and also of the testimony given on the first trial of the action. On that appeal, the judgment for the plaintiff was reversed for error in the instructions given to the jury; and the -cause was again tried.

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' APPEAL from the Circuit Court for Book County. This case was before this court on a former appeal; and in the report thereof, in 36 "Wis., 450, will be found a statement of the pleadings, and also of the testimony given on the first trial of the action. On that appeal, the judgment for the plaintiff was reversed for error in the instructions given to the jury; and the -cause was again tried. The testimony on the last trial was substantially a repetition of that given on the former trial. To the statement of the case on the former appeal (which will not here be repeated), it is only…

1Opinion of the CourtInron, J.

It is the law of this state, settled by numerous adjudications of this court, that the circuit courts have the power *640and, on proper applications, it is tlieir duty, to set aside verdicts which award excessive damages. If the damages awarded in this case are excessive, the motion for a new trial should have been granted.

Are the damages excessive? Or (stating the question in another form), is the amount awarded by the jury ($4,500) so far in excess of just compensation to the plaintiff for the injuries he suffered at the hands of defendant’s agents and employees, as to render it the duty of the…

2Cases cited1 opinion

  1. Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875

3Cited by12 opinions

  1. Wangen v. Ford Motor Co.Wisconsin Supreme Court · 1980
  2. Florida Railway & Navigation Co. v. WebsterSupreme Court of Florida · 1889
  3. Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
  4. Murray v. BuellWisconsin Supreme Court · 1889
  5. Corcoran v. HarranWisconsin Supreme Court · 1882

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