Larson v. Russell
North Dakota Supreme Court
Appeal from Cass County District Court, A. T. Cole, J. The verdict is excessive. It is not sustained by the evidence and indicates passion and prejudice, which vitiates the verdict; and on this ground alone a new trial should be granted. Carpenter v. Dickey, 26 N. D. 176, 143 N. W. 964; Waterman v. Minneapolis, St. P. & S. S. M. R. Co. 26 N. D. 540; Rev. Codes 1905, § 7063; Pertello v. Missouri Pacific, 117 S. W. 138; Ice Co. v. Tamm, 90 Mo.
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Appeal from Cass County District Court, A. T. Cole, J. The verdict is excessive. It is not sustained by the evidence and indicates passion and prejudice, which vitiates the verdict; and on this ground alone a new trial should be granted. Carpenter v. Dickey, 26 N. D. 176, 143 N. W. 964; Waterman v. Minneapolis, St. P. & S. S. M. R. Co. 26 N. D. 540; Rev. Codes 1905, § 7063; Pertello v. Missouri Pacific, 117 S. W. 138; Ice Co. v. Tamm, 90 Mo. App. 202; Gibney v. Transit Co. 204 Mo. 704, 103 S. W. 43. We think the ends of justice will be subserved by a new trial. Johnson v. Great Northern R.…
1Opinion of the CourtBirdzell, J.
This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff through the falling of a portion of the wall of a building owned by the defendant. It appears that on February 3, 1915, the plaintiff was working in the capacity of a domestic servant, in the rooming house occupying a building known as the Ely Block and Annex on Broadway in the city of Fargo. The portion of the building which was used as a rooming house had been leased to her brother-in-law, one Papas or Papamanoles, and the lease assigned by the latter to Emma Larson, the mother of the…
2Cases cited19 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- State v. KentNorth Dakota Supreme Court · 1896
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Finlen v. HeinzeMontana Supreme Court · 1905
- Commonwealth v. MasonMassachusetts Supreme Judicial Court · 1870
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3Cited by4 opinions
- Leonard v. North Dakota Co-Operative Wool Marketing Ass'nNorth Dakota Supreme Court · 1942
- Peters v. HoisingtonSouth Dakota Supreme Court · 1949
- Holecek v. JankeNorth Dakota Supreme Court · 1969
- Matter of Estate of BinderNorth Dakota Supreme Court · 1986