 | 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 - 1920 - 718 pages
...Bagley & Thorpe, for respondents. It is the settled law in this state that a motion for a new trial upon the ground of excessive damages appearing to...given under the influence of passion and prejudice is addressed to the sound discretion of the trial court, and that its decision will not be disturbed... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1920 - 770 pages
...give requested instruction No. 5 ; and, finally, its refusal to grant the defendant a new trial on the ground of excessive damages appearing to have...given under the influence of passion and prejudice. In discussing the first error assigned — that the court erred in [1] excluding evidence as to the... | |
 | Colorado. Supreme Court - Law reports, digests, etc - 1920 - 664 pages
...before us for review upon two presented assignments of error, "That the damages awarded are excessive, appearing to have been given under the influence of passion and prejudice;" and that "The trial court erred in refusing to instruct the jury to return a verdict for the railway... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1921 - 786 pages
...Conditional Order — Remission of Excess — Discretion. 1. Where motion for new trial is asked for on the ground of excessive damages appearing to have been given under the influence of passion or prejudice, the court may, in its discretion, make an order granting the motion unless... | |
 | William John Tossell - Law reports, digests, etc - 1922 - 760 pages
...answers in the deposition of Dr. Gillespie to be read to the jury. 3. That the verdict was excessive, appearing to have been given under the influence of passion and prejudice. In considering this ground for a new trial, the court is confronted with the contention by the plaintiff... | |
 | Electronic journals - 1924 - 580 pages
...reviewing court as to whether the verdict of the jury should be set aside and a new trial ordered, on the ground of "excessive damages, appearing to have been given under the influence of passion or prejudice,"1 the court may (1) order a new trial,2 (2) order a new trial unless the plaintiff... | |
 | Law reports, digests, etc - 1895 - 2092 pages
...for a new trial upon several grounds, but the only assignment of error urged before the court is that of "excessive damages, appearing to have been given under the influence of passion and prejudice." The facts bearing upon this question are substantially as follows; The plaintiff is 50 years of age.... | |
 | Law reports, digests, etc - 1895 - 1054 pages
...for a new trial upon several grounds, but the only assignment of error urged before the court is that of "excessive damages, appearing to have been given under the influence of passion and prejudice." The facts bearing upon this question are substantially as follows: The plaintiff is 50 years of age.... | |
 | Law - 1925 - 1150 pages
...new witnesses cannot be obtained in time.13 §121. Excessive Damages. — A motion for new trial on the ground of excessive damages, appearing to have been given under the influence of passion or prejudice, should be made upon the minutes of the court.14 Since the question whether... | |
 | Law reports, digests, etc - 1909 - 1072 pages
...the Jury is in excess of the amount sued for by plaintiff. (4) The verdict of the jury is excessive, appearing to have been given under the influence of passion and prejudice. (5) The court erred in overruling defendants' objection to that part of the evidence of the witness... | |
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... excessive damages appearing to have been given under the influence of passion or prejudice... 
