Larson v. Russell
North Dakota Supreme Court
Appeal from Cass County District Court, A. T. Cole, J. The verdict is excessive. It is not sustained by the evidence and indicates passion and prejudice, which vitiates the verdict; and on this ground alone a new trial should be granted. Carpenter v. Dickey, 26 N. D. 176, 143 N. W. 964; Waterman v. Minneapolis, St. P. & S. S. M. R. Co. 26 N. D. 540; Rev. Codes 1905, § 7063; Pertello v. Missouri Pacific, 117 S. W. 138; Ice Co. v. Tamm, 90 Mo.
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Appeal from Cass County District Court, A. T. Cole, J. The verdict is excessive. It is not sustained by the evidence and indicates passion and prejudice, which vitiates the verdict; and on this ground alone a new trial should be granted. Carpenter v. Dickey, 26 N. D. 176, 143 N. W. 964; Waterman v. Minneapolis, St. P. & S. S. M. R. Co. 26 N. D. 540; Rev. Codes 1905, § 7063; Pertello v. Missouri Pacific, 117 S. W. 138; Ice Co. v. Tamm, 90 Mo. App. 202; Gibney v. Transit Co. 204 Mo. 704, 103 S. W. 43. We think the ends of justice will be subserved by a new trial. Johnson v. Great Northern R.…
1Dissent
Bronson, T.
I dissent. This case was argued and submitted before this court on-December 23, 1918. It was again reargued before this court on November 17, 1919. The case is now (December 2, 1919), about to go down affirmed under the majority decision. I adhere to my conclusions, stated in an opinion circulated by me in the month of February, 1919. If the plaintiff has been injured to the extent of the verdict rendered, which the majority opinion sustains, and which in my opinion the evidence does not warrant, this action should long *48ago have been determined as a matter of simple justice to the…
2Cases cited24 opinions
- Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
- Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909
- Bailey v. KellySupreme Court of Kansas · 1915
- Wolfe v. RidleyIdaho Supreme Court · 1909
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1909
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