| William John Tossell - 1920 - 734 sider
...the defendant, in the argument of its counsel on the motion for a new trial, is that the verdict is excessive, appearing to have been given under the influence of passion or prejudice. Counsel for the defendant admit that (he court correctly charged the law as to the right... | |
| 1898 - 1248 sider
...for review on error. 1. The first argument Is that the damages awarded Mrs. Sanders by the Jury are excessive, appearing to have been given under the Influence of passion or prejudice. The Jury awarded Mrs. Sanders $850 damages. The amount prayed for In the petition was $5.000. The evidence... | |
| Ohio. Circuit Courts - 1900 - 832 sider
...motion for a new trial, mtde an entry that "the damages awarded by the jury in excess of » * * are excessive, appearing to have been given under the influence of passion or prejudice "and ordered a remittitur, or. if refused, a new trial, the reviewing court is authorized... | |
| Archibald Robinson Watson - 1901 - 1040 sider
...St. 446, was decided under a statute providing that if damages materially excessive appear to have been given under the influence of passion or prejudice, the verdict shall be vacated. This statute was regarded as peremptory in its nature, the presence of passion or prejudice in producing... | |
| 1901 - 854 sider
...court and have a new trial granted, and assigns the following reasons therefor : First. The damages are excessive, appearing to have been given under the influence of passion or prejudice. Second. The verdict is not sustained by sufficient evidence and is contrary to law. Third.... | |
| 1906 - 1822 sider
...and recorded, the jurors may alter it. Ib.; Blakely v. Sheldon, 7 II., p. 32. III. Excessive damages appearing to have been given under the influence of passion or prejudice. The jury, in their alleged verdict, say: "We, the jury in the above entitled action, find for the plaintiff,... | |
| Montana. Supreme Court - 1908 - 776 sider
...for $17,400. The defendant moved for a new trial upon the ground, among others, of excessive damages appearing to have been given under the influence of passion or prejudice. The court entered an order granting the motion, unless plaintiff would within ten days remit $7,400 of... | |
| 1908 - 1172 sider
...plaintiff on appeal, yet if that verdict is for damages, and the record shows that the damages were excessive, appearing to have been given under the influence of passion or prejudice, it is the duty of the appellate court, under such circumstances, to reverse and remand.... | |
| 1910 - 1376 sider
...accordance with fixed rules of evidence and known standards of value, or if the damages allowed are t ~ H / n5 3 # Y> T; Vd ե +\ = ē Y I7 " ԸJ V o H trial courts should, when a motion for a new trial is made upon tliat ground, require a remittitur... | |
| Ohio. Courts - 1913 - 728 sider
...the defendant, in the argument of its counsel on the motion for a new trial, is that the verdict is excessive, appearing to have been given under the influence of passion or prejudice. Counsel for the defendant admit that the court correctly charged the law as to the right... | |
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