Ross v. Duluth, Missabe & Iron Range Railway Co.

Stone, Justice, and Loring, Justice

(dissenting).

This was an action for personal injuries based in part upon the federal safety appliance act and therefore controlled to that extent by federal decisions. It resulted in a verdict for $18,500. The defendant moved for judgment or, if that were denied, for a neAv trial on five grounds, namely: (1) The verdict Avas not justified by the evidence; (2) it Avas contrary to laAv; (3) errors of laAv; (4) misconduct of counsel; (5) excessive damages appearing to have been given under the influence of passion or prejudice. The trial court granted a new…