Blume v. Scheer
Supreme Court of Minnesota
Action in the district court for Renville county to recover $5,000 damages for slander. The case was tried before Powers, J., and a jury, which rendered a verdict in favor of plaintiff for $550. From an order granting a motion for a new trial unless plaintiff should consent to a reduction of the verdict to $100, plaintiff appealed.
1DissentLewis, J.
I dissent. The opinion of the majority only adds confusion to confusion. In my judgment, no distinction can logically be made in applications for new trials under G-. S. 1894, § 5398, subd. 4, between actions-in tort and other actions; between actions where there are no fixed rules for ascertaining the amount of damages, and actions where there are such rules. There is no distinction between the application of the doctrine of “prejudice and passion” in a case where such influence arises from the mere size of the verdict, and a case where it is inferred from the demeanor of the witnesses or…
2Cases cited4 opinions
- Pratt v. Pioneer Press Co.Supreme Court of Minnesota · 1884
- Nelson v. Village of West DuluthSupreme Court of Minnesota · 1893
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1896
- Lane v. DaytonSupreme Court of Minnesota · 1894