Oswald v. Minneapolis & Northwestern Railway Co.
Supreme Court of Minnesota
Appeal by defendant from a judgment of the district court for Hennepin county, where the ease was tried before Vanderburgh, J., and a jury. cited, State v. Hascall, 6 N. H. 352; Gilley v. Bartlett, 19 N. H. 312; Knight v. Inhabitants of Freeport, 13 Mass. 218; Deacon v. Shreve, 22 N. J. Law, 176; Iloberg v. State, 3 Minn. 181, (262;) Hayward x. Knapp, 22 Minn. 5; Koehler v. Cleary, 23 Minn. 325; Whitney x. Whitman, 5 Mass. 405; Hare x. State, 4 How. (Miss.) 187; Com. x.
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Appeal by defendant from a judgment of the district court for Hennepin county, where the ease was tried before Vanderburgh, J., and a jury. cited, State v. Hascall, 6 N. H. 352; Gilley v. Bartlett, 19 N. H. 312; Knight v. Inhabitants of Freeport, 13 Mass. 218; Deacon v. Shreve, 22 N. J. Law, 176; Iloberg v. State, 3 Minn. 181, (262;) Hayward x. Knapp, 22 Minn. 5; Koehler v. Cleary, 23 Minn. 325; Whitney x. Whitman, 5 Mass. 405; Hare x. State, 4 How. (Miss.) 187; Com. x. Wormley, 8 Gratt. 712; Hix v.. Drury, 5 Pick. 286.
1Opinion of the Court
Gilfillan,- C. J.
After a verdict in condemnation proceedings, the company made a motion for a new trial, and, it being denied and judgment entered, appealed from the judgment. The only *6grounds for the motion made here are that the damages are excessive, and misconduct of the jury and the plaintiff. The first, of these grounds is not seriously urged here as an independent reason for a new trial, nor do we see how, on the evidence, it could be.
The misconduct alleged, as it may fairly be found from the affidavits, was in this: The court, during the trial, ordered a view of the premises by the…
2Cases cited3 opinions
- Koehler v. ClearySupreme Court of Minnesota · 1877
- Selden, Withers & Co. v. Bank of CommerceSupreme Court of Minnesota · 1859
- Chalmers v. WhittemoreSupreme Court of Minnesota · 1875
3Cited by9 opinions
- Aillon v. StateSupreme Court of Connecticut · 1975
- State v. SchifskySupreme Court of Minnesota · 1955
- State v. MimsSupreme Court of Minnesota · 1975
- Magnuson v. BouckSupreme Court of Minnesota · 1926
- State Ex Rel. La Prade v. GranthamArizona Supreme Court · 1926
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