Hopkins v. Knapp & Spalding Co.
Supreme Court of Iowa
Appeal from Woodbury District Cowrt. — Hon. A. YanWagenen, Judge. Action to recover damages for alleged negligence causing the death of plaintiff’s intestate. The case was tried to a jury, and a verdict returned in favor of the plaintiff for one hundred dollars.
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Appeal from Woodbury District Cowrt. — Hon. A. YanWagenen, Judge. Action to recover damages for alleged negligence causing the death of plaintiff’s intestate. The case was tried to a jury, and a verdict returned in favor of the plaintiff for one hundred dollars. Plaintiff moved for a new trial upon the grounds that the damages allowed are inadequate, that the verdict is contrary to the law and the evidence, that the court erred in the instructions given, and upon the further ground as follows: “For misconduct of the jury, in this: That Charles Ehlers, one of the jurors in the above-entitled…
1Opinion of the CourtGiven, J.
The only question presented on this appeal is whether the court erred in granting a new trial on the ground of misconduct of the juror. The other grounds of the motion are not to be considered, and could not be, as we have neither the evidence nor the instructions before us. A motion for a new trial is addressed to the sound discretion of the court, and its action thereon will not be reversed, unless it is manifest that the discretion has been improperly exercised. Freeman v. Rich, 1 Iowa, 504; Ruble v. McDonald, 7 Iowa, 90; Pickering v. Kirkpatrick, 32 Iowa, 163; Pianoforte Co. v. Mueller,…
2Cases cited15 opinions
- State v. MorphySupreme Court of Iowa · 1871
- State v. BaldySupreme Court of Iowa · 1864
- Ryan v. HarrowSupreme Court of Iowa · 1869
- Ruble v. McDonaldSupreme Court of Iowa · 1858
- Berry v. BerrySupreme Court of Iowa · 1871
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3Cited by6 opinions
- State v. HallSupreme Court of Iowa · 1975
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- State v. DodgeSupreme Judicial Court of Maine · 1925
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- Snyder v. ThompsonSupreme Court of Iowa · 1907
1 more not listed; retrieve them via the Exa API.