Reid v. Ehr
North Dakota Supreme Court
From an order of the District Court of Ward County granting defendant’s motion for a new trial, Leighton> J., plaintiff appeals. Litigants are entitled to the verdict of twelve jurymen on the issues, and where there is evidence to support their finding, the judge is not justified in setting the verdict aside simply because he might have-found a different verdict or result, provided especially where the verdict returned is not palpably unjust.
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From an order of the District Court of Ward County granting defendant’s motion for a new trial, Leighton> J., plaintiff appeals. Litigants are entitled to the verdict of twelve jurymen on the issues, and where there is evidence to support their finding, the judge is not justified in setting the verdict aside simply because he might have-found a different verdict or result, provided especially where the verdict returned is not palpably unjust. Steinert v. Whitcomb, 84 Conn.. 262, 79 Atl. 675; Lifshitz v. Schwartz, 107 N. T. Supp. 579. The damages must be so excessive as to strike mankind at…
1Opinion of the CourtChristianson, J.
This is an appeal from an order granting defendant’s motion for a new trial. Plaintiff sued to recover damages for •certain personal injuries alleged to have been sustained on account of the negligence of the defendant in allowing a defective electric light to remain in one of the rooms of his hotel. The evidence shows that the defendant operated the Waverly hotel in Minot in this state and that the plaintiff was injured while attempting to turn on the current in .an electric light in a bathroom in such hotel, while she was standing in a bathtub partly filled with water. The electricians who…
2Cases cited8 opinions
- Aylmer v. AdamsNorth Dakota Supreme Court · 1915
- McGregor v. Great Northern Railway Co.North Dakota Supreme Court · 1915
- Clavey v. LordCalifornia Supreme Court · 1891
- State v. CrayNorth Dakota Supreme Court · 1915
- Lee v. S. Pac. R.R. Co.California Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Gravseth v. Farmers Union Oil Company of MinotNorth Dakota Supreme Court · 1961
- Lake v. NeubauerNorth Dakota Supreme Court · 1958
- Mann v. Policyholders' National Life InsuranceNorth Dakota Supreme Court · 1952
- Kohler v. StephensNorth Dakota Supreme Court · 1946
- Teegarden v. DahlNorth Dakota Supreme Court · 1965
29 more not listed; retrieve them via the Exa API.