Murray v. Leonard
South Dakota Supreme Court
Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by Bridget Murray against Azro B. Leonard for damages for assault and battery. From a judgment and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The court cannot substitute its judgment for the verdict of a jury upon a question which the jury alone could determine.
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Appeal from circuit court, Marshall county. Hon. A. W. Campbell, Judge. Action by Bridget Murray against Azro B. Leonard for damages for assault and battery. From a judgment and an order denying a new trial, defendant appeals. The facts are stated in the opinion. The court cannot substitute its judgment for the verdict of a jury upon a question which the jury alone could determine. The practice of remitting where the illegal part is clearly distinguishable from the legal and maybe ascertained by’the court from the record without assuming the functions of a jury and substituting its judgment…
1Opinion of the CourtCorson, P. J.
This was an action for damages for assault and battery. Verdict for $1,’200 damages. On motion for a new trial, the circuit court denied said motion on condition that plaintiff remit $700 of said judgment. The plaintiff entered an order remitting the $700. To this order the defendant excepted, and from the same, and the judgment, the defendant appealed.
The defendant contends that the verdict for $1,200 damages was excessive, and that the' trial court should have granted a new trial. The action of the court in directing that $700 should be remitted, or a new trial granted, clearly shows that…
2Cases cited2 opinions
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