Legal Opinion

Carmichael v. Bettendorf Axle Co.

Supreme Court of Iowa

Decided September 21, 1915PublishedCited by 6 opinions

Appeal from Scott District Court. — Hon. A. J. House, Judge. Appeal from the order of the court granting defendant a new trial.

1Opinion of the CourtGaynor, J.

1. New teial : excessive verdict : option to remit or new trial: power of court. — This action is brought by the plaintiff as administrator of the estate of one Herbert 1. Henry to recover damages for injuries resulting in death. There was a trial to a jury and a verdict for the plaintiff for $11,000. Defendant filed a motion for a new trial based on several distinct grounds, among which it alleged that the verdict was excessive. Upon the submission of the motion, the court made the following finding, and ordered:

*222“After an examination of the authorities ... we are of the opinion that the…

2Cases cited10 opinions

  1. Whitehead v. . KennedyNew York Court of Appeals · 1877
  2. Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
  3. Kinsey v. WallaceCalifornia Supreme Court · 1868
  4. Doran v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1902
  5. Collins v. City of Council BluffsSupreme Court of Iowa · 1872

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3Cited by6 opinions

  1. In Re Estate of HollisSupreme Court of Iowa · 1944
  2. Christensen v. Des Moines Still College of Osteopathy & SurgerySupreme Court of Iowa · 1957
  3. Manders v. DallamSupreme Court of Iowa · 1932
  4. Sawyer v. Iowa Constitutional Prohibitory Amendment Ass'nSupreme Court of Iowa · 1916
  5. Christensen v. DES MOINES STILL COLLEGE OF O. & S.Supreme Court of Iowa · 1957

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