Fort Wayne & Belle Isle Railway Co. v. Wayne Circuit Judge
Michigan Supreme Court
- Mandamus by the Fort Wayne & Belle Isle Railway Company to compel Joseph W. Donovan, circuit judge of Wayne county, to vacate an order granting a new trial.
1Opinion of the CourtMontgomery, J.
One Emma L. Long brought an action against the relator for personal injury, and, on a trial before a jury, recovered a verdict of $800. The respondent, deeming this award insufficient, set aside the verdict, and ordered a new trial. The relator asks for a writ of mandamus directing that this order be set aside.
The counsel for relator concede that the court might, for an error of its own commission on the trial, order a new trial on its own motion, but contend that the court has no such control over verdicts of juries, and can only vacate such verdicts on application of one of the parties. We…
2Cases cited1 opinion
- Lloyd v. BrinckTexas Supreme Court · 1872
3Cited by20 opinions
- Freeman v. Chicago Transit AuthorityIllinois Supreme Court · 1965
- Grist v. Upjohn CompanyMichigan Court of Appeals · 1969
- De Vall v. De VallOregon Supreme Court · 1911
- Todd v. OrrSupreme Court of Oklahoma · 1914
- Deffenbaugh v. Inter-State Motor Freight Corp.Michigan Supreme Court · 1931
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