Magnusson v. Linwell
North Dakota Supreme Court
Appeal from District Court,.Grand Forks County; Fisk, J. Action by August Magnusson against M. V. Linwell. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court,.Grand Forks County; Fisk, J. Action by August Magnusson against M. V. Linwell. Judgment for plaintiff, and defendant appeals. When an appellate court conscientiously and' irresistibly reaches the conclusion that the verdict is against truth and the undoubted weight of evidence, and could only have been reached through passion or prejudice or a failure to exercise a sound and unbiased judgment on the part of the jury, such court should unhesitatingly reverse the ruling of the trial court refusing to vacate such verdict. Fuller v. N. P. Ry. Co., 2 N. D. 220, 50 N. W.…
1Opinion of the CourtWallin, J.
The plaintiff is seeking by this action to recover damages caused, as plaintiff alleges, by an assault and battery committed by the defendant upon the person of the plaintiff on February 14, 1898. The litigation in the District Court resulted in a verdict for the plaintiff in the sum of $200, for which sum judgment was entered, with costs. Defendant has appealed to this court from such judgment.
An application for a new trial was made to the trial court, and in disposing of the motion that court us,ed the following language: “It is ordered that said motion be, and the same is hereby, denied.…
2Cases cited7 opinions
- Dickey v. DavisCalifornia Supreme Court · 1870
- Black v. WalkerNorth Dakota Supreme Court · 1898
- Taylor v. JonesNorth Dakota Supreme Court · 1893
- Lally v. WiseCalifornia Supreme Court · 1865
- Meyer v. Davenport Elevator Co.South Dakota Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Lowry v. PiperNorth Dakota Supreme Court · 1910