Schmidt v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $25,000 for personal injuries. The case was tried before Orr, J., and a jury which rendered a verdict in favor, of plaintiff in the sum of $2,500. Erom an order denying plaintiff’s motion for a new trial, he appealed.
1Opinion of the CourtLewis, J.
Appellant was injured while acting as a brakeman in respondent’s service, and recovered a verdict for $2,500. He moved for a new trial upon the ground that the amount was inadequate and that the jury were influenced by passion and prejudice, and upon the further ground that the verdict was not justified by the evidence.
Whether a new trial, upon the ground of excessive or inadequate damages, should be granted or refused, rests in the sound judicial discretion of the trial court. Mohr v. Williams, 95 Minn. 261, 104 N. W. 12, 1 L. R. A. (N. S.) 439, 111 Am. St. 462. In cases where the plaintiff…
2Cases cited5 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Alton v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1909
- Ford v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1906
- Marsh v. Minneapolis Brewing Co.Supreme Court of Minnesota · 1904
- Conrad v. DobmeierSupreme Court of Minnesota · 1894
3Cited by5 opinions
- Krueger v. KnutsonSupreme Court of Minnesota · 1961
- Landau v. FarrWest Virginia Supreme Court · 1927
- Wrabek v. SuchomelSupreme Court of Minnesota · 1920
- Pinkerton v. Wisconsin Steel Co.Supreme Court of Minnesota · 1909
- Krueger v. KnutsonSupreme Court of Minnesota · 1961