Waterman v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.
North Dakota Supreme Court
Appeal from District Court, Logan County, J. A. Coffey, J. From a judgment in plaintiff’s favor, and from an order denying a new trial, defendant appeals. ' A new trial should be granted because excessive damages appear to have been given under the influence of passion or prejudice. Partello v. Missouri P. E. Co. 217 Mo. 645, 117 S. W. 1138; Creve Coeur Lake Ice Co. v. Tamm, 90 Mo.
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Appeal from District Court, Logan County, J. A. Coffey, J. From a judgment in plaintiff’s favor, and from an order denying a new trial, defendant appeals. ' A new trial should be granted because excessive damages appear to have been given under the influence of passion or prejudice. Partello v. Missouri P. E. Co. 217 Mo. 645, 117 S. W. 1138; Creve Coeur Lake Ice Co. v. Tamm, 90 Mo. App. 202; Chlanda v. St. Louis Transit Co. 213 Mo. 244, 112 S. W. 249. A new trial should always be granted where the verdict is so grossly excessive as to lead to the conclusion that it must have been reached…
1Opinion of the CourtFisic, J.
Plaintiff, while a passenger on defendant’s train on Mhy 29, 1911, sustained personal injuries caused by tbe alleged negligence of defendant’s train crew in shunting a certain car against a portion of tbe train in which plaintiff was seated while such train,was stand-" ing at the depot at Wishek. The sudden impact caused by. such collision threw plaintiff violently from her seat against the arm of the seat immediately in front of her, and then back against another seat, rendering her unconscious for a few minutes, after which she was re-móved from the car and taken to the hotel in Wishek,…
2Cases cited13 opinions
- Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1909
- Gibney v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Davis v. Holy Terror Mining Co.South Dakota Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Skjonsby v. NessNorth Dakota Supreme Court · 1974
- Northern States Power Company v. EffertzNorth Dakota Supreme Court · 1958
- Wagoner v. BodalNorth Dakota Supreme Court · 1917
- Halverson v. ZimmermanNorth Dakota Supreme Court · 1928
- Emery v. Midwest Motor Express Inc.North Dakota Supreme Court · 1952
3 more not listed; retrieve them via the Exa API.