Lincoln v. Power
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE. UNITED STATES FOR' THE DISTRICT OF NEBRASKA. This was an action brought, at January Term, 1891, in the Circuit Court of the United States for the District of Nebraska, by Margaret J. Power,’ a citizen of the State of Iowa, against the city of Lincoln, a municipal corporation of the State of Nebraska, for personal injuries which the plaintiff incurred while passing along-a street of said city, and whicli she alleged had been occasioned by…
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ERROR TO THE CIRCUIT COURT OF THE. UNITED STATES FOR' THE DISTRICT OF NEBRASKA. This was an action brought, at January Term, 1891, in the Circuit Court of the United States for the District of Nebraska, by Margaret J. Power,’ a citizen of the State of Iowa, against the city of Lincoln, a municipal corporation of the State of Nebraska, for personal injuries which the plaintiff incurred while passing along-a street of said city, and whicli she alleged had been occasioned by the carelessness and negligence of the municipal authorities in permitting a hole or broken grating to remain in a…
1Opinion of the CourtJustice Shiras
The plaintiff in error complains that the damages found by the jury were excessive, and appear to have been given under the influence of passion and prejudice.
Put it is not permitted for this court, sitting as a court .of errors, in a case wherein damages have been fixed by the verdict of a jury, to take notice' of an assignment of this character, where the complaint is only of the action of the jury- '
Thus it was. said in Parsons v. Bedford, 3 Pet. 433, 447, 448, per.Story, J., commenting on that clause of the Seventh Amendment which declares “no fact tried by a jury shall be otherwise…
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