Legal Opinion

Tunnel Mining and Leasing Co. v. Cooper

Supreme Court of Colorado

Decided April 15, 1911No. 6297PublishedCited by 26 opinions

Appeal from Teller District Court — Hon. J. W. Sheaeor, Judge.

1Opinion of the CourtJustice Bailey

In this action, for the recovery of damages for personal injuries, the plaintiff had a verdict for $38,750.00. One assignment of the motion for a new trial is based upon the fifth subdivision of sec. 217 *391of the code,- providing therefor, where excessive damages appear to have been given under the influence of passion or prejudice. The trial court found the award excessive, and advised the plaintiff that a new trial would be granted, unless $28,-750.00 were remitted from the verdict. To this plaintiff assented and there was judgment for $10,-000.00. The defendant objected and excepted to the…

2Cases cited8 opinions

  1. City of Denver v. DunsmoreSupreme Court of Colorado · 1884
  2. Thomas v. WomackTexas Supreme Court · 1855
  3. Wall v. LivezaySupreme Court of Colorado · 1882
  4. L. & N. R. R. v. FoxCourt of Appeals of Kentucky · 1875
  5. Gulf, Colorado & Santa Fe Railway Co. v. CoonTexas Supreme Court · 1888

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3Cited by26 opinions

  1. Burns v. McGraw-Hill Broadcasting Co., Inc.Supreme Court of Colorado · 1983
  2. Geist v. MooreIdaho Supreme Court · 1937
  3. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  4. Kunz v. JohnsonSouth Dakota Supreme Court · 1953
  5. Grant v. Louisville & Nashville Railway Co.Tennessee Supreme Court · 1913

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