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" ... excessive damages appearing to have been given under the influence of passion or prejudice... "
The Pacific Reporter - Page 415
1903
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House Documents, Otherwise Publ. as Executive Documents: 13th ..., Volume 11

United States. Congress. House - United States - 1870
...plaintiffs. 3d. Accident and surprise which ordinary prudence could not have guarded against. 4th. Excessive damages, appearing to have been given under the influence of passion and prejudice. 5th. Error in the assessment of the amount of recovery, being too large for the injury and detention...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 28

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1905
...Law (2 Ed.), 993, note 1. The court also erred in overruling plaintiff's motion for a new trial on the ground of excessive damages appearing to have been given under the influence of passion or prejudice, as shown by the statement of facts in this case and the evidence in the case....
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1886
...jury, less the funeral expenses which were disallowed by the court. The defendant moved for a new trial upon the ground of excessive damages, appearing to...given under the influence of passion and prejudice; that the findings and verdict of the jury are not sustained by the evidence: and for errors of law...
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Reports of Cases in the Supreme Court of Nebraska, Volume 19

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1886
...sustained by sufficient evidence ; " 2. The verdict is contrary to law ; " 3. The damages are excessive, appearing to have been given under the influence of passion and prejudice; City of York v. Spellman. " 4. The court erred in giving instruction number two on its own motion ;...
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The American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1889
...15, 22. The third point made by appellant is that the damages allowed by the jury were excessive, appearing to have been given under the influence of passion and prejudice. Our Code, section 142, provides that in actions of this nature " such damages may be given as under...
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The Kentucky Law Reporter: A Monthly Magazine, Devoted to the ..., Volume 18

John Cleland Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Pope Duvall Bush, William Jefferson Chinn, Findlay Ferguson Bush, Walter G. Chapman, R. G. Higdon, Thomas Robert.. McBeath - Law reports, digests, etc - 1897
...given or refused by the court. The grounds upon which the motion for a new trial was based were: First, excessive damages, appearing to have been given under the influence of passion and prejudice; second, error in the assessment of the amount of recovery; third, the verdict was not sustained by...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1900
...is contrary to law. (3) The verdict is contrary to law and the evidence. (4) Damages are excessive, appearing to have been given under the influence of passion and prejudice. (5) Error of the court in Louisville & NR Co. v. Taafe's Adm'r overruling defendant's motion for peremptory...
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The Northwestern Reporter, Volume 86

Law reports, digests, etc - 1901
...question, under the decisions of this state, of the right of the trial court to grant new trials for excessive damages appearing to have been given under the influence of passion and prejudice, in cases where the damages are not capable of ascertainment by any fixed legal rules; that is, when...
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Encyclopedia of Forms and Precedents for Pleading and Practice ..., Volume 13

William Henry Michael, William Mack, Howard Pervear Nash, Thomas Edward O'Brien, James Cockcroft - Civil procedure - 1901
...defense. A general allegation of such defense is insufficient. Dempsey v. Taylor, 4 Tex. Civ. App. 126. 1. Excessive damages appearing to have been given under the influence of passion and prejudice are made a ground for new trial by the following statutes, to wit: Arkansas.— Sand. & H. Dig. (1894),...
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Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

Joseph Henry Budd - Civil procedure - 1902 - 763 pages
...any of such causes, the application must be made upon affidavits ; when the application is made on the ground of excessive damages appearing to have been given under the influence of passion or prejudice, or of insufficiency of the evidence to justify the verdict or other decision,...
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