Gregg v. San Francisco & North Pacific Railroad
California Supreme Court
Appeal by the- plaintiff, from an order granting a new trial in the District Court of Sonoma County. Temple, J. The action was brought for damages for an injury to the plaintiff, alleged to have been caused by the defendant’s negligence. The jury found for the plaintiff, and assessed his damages at two thousand five hundred and fifty dollars.
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Appeal by the- plaintiff, from an order granting a new trial in the District Court of Sonoma County. Temple, J. The action was brought for damages for an injury to the plaintiff, alleged to have been caused by the defendant’s negligence. The jury found for the plaintiff, and assessed his damages at two thousand five hundred and fifty dollars. The order of the Court was, “ that in case the plaintiff shall, within ■ twenty days, file his consent to a modification of the judgment herein, and remitting all over and above one thousand five hundred dollars and costs, then said judgment be so…
1Opinion of the Court
The Court:
In this action, which was for damages, the jury returned a verdict in favor of the plaintiff for two thousand five hundred dollars. The Judge before whom the trial was had, was of the opinion that the damages awarded were too high, and therefore, in response to a motion for a new trial, entered an order to the effect that if the plaintiff should within twenty pays thereafter remit all damages over and above the sum of one thousand five hundred dollars and costs, and consent to a modification of the judgment accordingly, the motion for a new trial should be held denied; but that in…
2Cited by6 opinions
- Davis v. Southern Pacific Co.California Supreme Court · 1893
- Brooks v. San Francisco & North Pacific Railway Co.California Supreme Court · 1895
- Chicago Title & Trust Co. v. O'MarrMontana Supreme Court · 1901
- Sherwood v. KyleCalifornia Supreme Court · 1899
- Sills v. HawesColorado Court of Appeals · 1899
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