Legal Opinion

Henry v. Sioux City

Supreme Court of Iowa

Decided December 9, 1886PublishedCited by 11 opinions

Apjpeal from, Cherokee District Court. AotioN to recover for a personal injury. There was a trial to a jury, and verdict was rendered in favor of the plaintiff for $10,000. The court below, believing that the verdict was excessive, gave the plaintiff his option to acce]it a judgment of $6,000 or take a new trial. The plaintiff having elected to take a judgment of $6,000, such judgment was rendered, and the defendant appeals.

1Opinion of the Court

Adams, Ch. J\

The defendant moved for a new trial on the ground of the misconduct of one of the plaintiff’s attorneys. The misconduct, as set out in the motion for a new trial, is alleged to consist “ in appealing to the prejudice, and inflaming the passions, of the jury, by reference to matters not in record, and by statements not warranted by the *234testimony in the case, in this: that in the opening argument counsel repeatedly urged upon the jury that the defendant was a rich, powerful and wealthy railroad corporation; and, further, in this: that said counsel urged to the jury that defendant,…

2Cited by11 opinions

  1. State v. PeirceSupreme Court of Iowa · 1916
  2. State v. HelmSupreme Court of Iowa · 1894
  3. Huckell v. McCoySupreme Court of Kansas · 1887
  4. Hein v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1917
  5. Welch v. Union Central Life InsuranceSupreme Court of Iowa · 1902

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