 | Law reports, digests, etc - 1908 - 1350 pages
...only look for guidance to that provision of the Oode declaring that a new trial may be granted when "excessive damages appearing to have been given under the Influence of passion or prejudice" are awarded, and, after considering all the facts and circumstances surrounding the case,... | |
 | Nebraska - Law - 1909 - 1386 pages
...THIRD — Accident or surprise, which ordinary prudence could not have guarded against. FOURTH — Excessive damages, appearing to have been given under the influence of passion or prejudice. FIFTH — Error in the assessment of the amount of recovery, whether too large or too small,... | |
 | Law reports, digests, etc - 1910 - 1376 pages
...Wis. 409. 27 XW 39. Among the grounds for a new trial enumerated in g 5305, Rev. Stat, are these: "(4) Excessive damages, appearing to have been given under the influence of passion or prejudice. (5) Error in the assessment of the amount of recovery, whether too large or too small, when... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1910 - 788 pages
...otherwise held in California because the Code there contains a ground for a new trial, as follows: "Excessive damages appearing to have been given under the influence of passion or prejudice." It is also so held in Minnesota, but the Code provision there is as follows: "Excessive... | |
 | Law reports, digests, etc - 1911 - 1264 pages
...section 657 of the Code of Civ. Proc., of the state of California so far as it applies to the granting of a new trial for "excessive damages, appearing to have been given under the influence of passion or prejudice." In Redfleld v. Oakland Con. St. Ry. Co., 110 Cal. 277, 42 Рас. 822, 1063, the learned... | |
 | Railroad law - 1912 - 860 pages
...section 657 of the Code of Civ. Proc., of the state of California so far as it applies to the granting of a new trial for "excessive damages, appearing to have been given under the influence of passion or prejudice." In Redfield v. Oakland Con. St. Ry. Co., 110 Cal. 277, 42 Pac. 822, 1063, the learned Supreme... | |
 | Robert Y. Hayne - Appellate procedure - 1912 - 1146 pages
...section 657, Coil? of Civil Procedure, which prescribe?. as a ground for the granting of a new trial, "excessive damages appearing to have been given under the influence of passion or prejudice." From the wording of the statute it would appear, also, that the statement that the excess... | |
 | Ohio. Courts - Law reports, digests, etc - 1913 - 728 pages
...party making the motion for a new trial : excessive Prather v. Presbyterian Society. [Vol. 13 (NS) damages, appearing to have been given under the influence of passion or prejudice, and when the action is upon a contract, whether the verdict be too large or too small. It... | |
 | Ohio. Courts - Law reports, digests, etc - 1915 - 654 pages
...Courts should be careful to keep within its power in matters of this kind. A new trial may be granted for "excessive damages, appearing to have been given under the' influence of passion or prejudice" (Code, Section 11576), or when "the verdict is not sustained by sufficient evidence." This... | |
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Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. 
