 | California - California - 1915 - 1528 pages
...application, which he could not, with reasonable diligence, have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify th« verdict or other decision, or that it is... | |
 | Law reports, digests, etc - 1916 - 1232 pages
...properly be based solely upon the Idea of compensation. The statute authorizes the granting of new trials for "excessive damages appearing to have been given under the influence of passion or prejudice." Rev. Laws 1910, § 5033 ; Choctaw, O. * QR Co. v. Burgess, 21 Okl. 653, 97 Рас. 271.... | |
 | William Henry Lloyd - Civil procedure - 1916 - 980 pages
...application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is... | |
 | Law reports, digests, etc - 1916 - 1204 pages
...considered that It had no right to grant the motion, because it was not made on the ground of insufficient damages appearing to have been given under the influence of passion or prejudice. This Is wrong. Plaintiff was entitled to have the question of the inadequacy of the verdict... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 740 pages
...Damages, 9th ed. § 1326. In this state the statute confers express authority upon the district court to grant a new trial for "excessive damages appearing...have been given under the influence of passion or prejudice," on the application of the party aggrieved. Comp. Laws 1913, § 7660. Or even without such... | |
 | Law reports, digests, etc - 1917 - 1220 pages
...4498-4506. Code Civ. Proc. §§ 285, 408, authorize the trial court, or the supreme court of the territory, to set aside a verdict and grant a new trial for excessive damages given under the influence of prejudice, or for insufficiency of the evidence to sustain the verdict.... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917 - 752 pages
...to specifications numbered 1 to 3. This brings us to the appellant's last specification, which is, "Excessive damages appearing to have been given under the influence of passion or prejudice." In support of this specification counsel cite numerous authorities upon the duty of the... | |
 | California - 1919 - 2242 pages
...application, which he could not, with reasonable diligence, have discovered and produced at the trial ; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is... | |
 | Kentucky - Civil procedure - 1919 - 1168 pages
...to sec. 518. contrary to what he did on a former trial § 340] New Trials. 4. [Excessive damages.] Excessive damages, appearing to have been given under the influence of passion or prejudice. 5. [Error in assessment of amount of recovery.} Error in the assessment of the amount of... | |
 | Austin Wakeman Scott - Civil procedure - 1919 - 770 pages
...the verdict of a jury and grant a new trial upon several grounds, among which are the following: " Excessive damages appearing to have been given under the influence of passion or prejudice "; " the verdict or decision is not sustained by sufficient evidence, or is contrary to law."... | |
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Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. 
