Lucier v. Larose
Supreme Court of New Hampshire
Assumpsit. The jury returned a verdict for an amount larger, in the opinion of the court, than should have been awarded. The defendant moved to set aside the verdict as excessive and as against the weight of evidence. The motion was denied, and the defendant excepted.
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Assumpsit. The jury returned a verdict for an amount larger, in the opinion of the court, than should have been awarded. The defendant moved to set aside the verdict as excessive and as against the weight of evidence. The motion was denied, and the defendant excepted. The defendant also moved to set aside the verdict because all the evidence had not been heard by the jury, and in support of the motion offered the affidavit of a juror that “ on account of the noise in the street and the echo in the hall ” he had failed to catch all the words of the witnesses. 'Hie court declined to consider…
1Opinion of the CourtBingham, J.
The verdict, in the opinion of the court, -was too-large, but it denied the defendant’s motion to set it aside, either as excessive or as against the evidence. To justify the setting aside of a' verdict for either of the causes assigned, it should) appear that the jury were influenced by prejudice, passion, partiality,. or corruption, or unwittingly fell into a plain mistake. Fuller v. Bailey, 58 N. H. 71; Hovey v. Brown, 59 N. H. 114, 116.
The question whether a verdict should be set aside on the ground of excessive damages, or as against the evidence, is one. of fact, to be decided at the…
2Cases cited5 opinions
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Little v. UphamSupreme Court of New Hampshire · 1886
- Griffin v. AuburnSupreme Court of New Hampshire · 1879
- Berry v. YoungSupreme Court of New Hampshire · 1886
3Cited by6 opinions
- Panas v. HarakisSupreme Court of New Hampshire · 1987
- Faust v. General Motors Corp.Supreme Court of New Hampshire · 1977
- Reynolds v. Maine Manufacturing Co.Supreme Court of New Hampshire · 1925
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Abbott v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
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