...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...

...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....

...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...

...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 ;...

...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...

...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...

...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...

...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...

...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),...

...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,...