Pratt v. Pioneer Press Co.
Supreme Court of Minnesota
Action for libel, brought in the district court for Hennepin county, and tried before Lochren, J., and a jury. Plaintiff had a verdict for $5,000, and appeals from an order granting a new trial upon the ground that the damages awarded were excessive. The alleged libel will be found at length in the report of a decision of this court, in 30 Minn. 41, upon a former appeal in this action.
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Action for libel, brought in the district court for Hennepin county, and tried before Lochren, J., and a jury. Plaintiff had a verdict for $5,000, and appeals from an order granting a new trial upon the ground that the damages awarded were excessive. The alleged libel will be found at length in the report of a decision of this court, in 30 Minn. 41, upon a former appeal in this action. The court below, in granting a new trial, filed the following decision: “The amount of damages awarded appears to me to be not only excessive, but so grossly out of proportion to any possible injury which the…
1Opinion of the CourtBerry, J.
This is an action for libel, in which a new trial was granted by the trial court upon the ground that the damages ($5,000) awarded to the plaintiff by the jury were excessive. The statute confers express authority upon the diátriet court to grant a new trial for “excessive damages appearing to have been given under the inñuencéof passion or prejudice.” (Gen. St. 1878, c. 66, § 253.) This implies a duty on the part of such court to sometimes overrule and set aside the verdict of a jury on that ground. To warrant this, however, the damages must be not merely more than the court would have…
2Cases cited6 opinions
- Kinsey v. WallaceCalifornia Supreme Court · 1868
- Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1882
- Faribault v. SaterSupreme Court of Minnesota · 1868
- Potter v. ThompsonNew York Supreme Court · 1856
- Wilcox v. LandbergSupreme Court of Minnesota · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Reid v. EhrNorth Dakota Supreme Court · 1917
- Pratt v. Pioneer-Press Co.Supreme Court of Minnesota · 1886
- Maas v. Midway Chevrolet Co.Supreme Court of Minnesota · 1945
- McCue v. Equity Co-Operative Publishing Co.North Dakota Supreme Court · 1918
20 more not listed; retrieve them via the Exa API.