 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1908 - 604 pages
...accordance with fixed rules of evidence and known standards of value, or if the damages allowed are excessive, appearing to have been given under the influence of passion or prejudice, the trial courts should, when a motion for a new trial is made upon that ground, require a remittitur of... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 716 pages
...defendant could properly ask. The appellant asks that the judgment be reversed because the damages were excessive, appearing to have been given under the influence of passion or prejudice. The argument is that the trial court, having determined that the damages are excessive, it taints the whole... | |
 | 1894 - 1156 pages
...which was Insufficiency of the evidence to Justify the verdict; and another was excessive damages, appearing to have been given under the Influence of passion or prejudice. The court granted a new trial unless plaintiff would consent to remit $1,600 from the verdict, and the... | |
 | 1912 - 1340 pages
...causes, affecting materially the substantial rights of such party: * * « (Fourth) Excessive damages appearing to have been given under the influence of passion or prejudice." The verdict in the present case being excessive in the enormous sum of $25,000 shows upon its face that it was... | |
 | 1888 - 966 pages
...defendant could properly ask. The appellant asks that the judgment be reversed because the damages were excessive, appearing to have been given under the influence of passion or prejudice. The argument is that the trial court, having determined that the damages are excessive, it taints the whole... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1888 - 916 pages
...contrary to law. Third. For error of law occurring at the trial, duly excepted to. Fourth. The damages are excessive, appearing to have been given under the influence of passion or prejudice. Fifth. For misconduct of the jury in this, to-wit: That Village of 1'onca v. Crawford. the... | |
 | Abraham Clark Freeman - 1889 - 1012 pages
...is contrary to law; 3. For error of law occurring at the trial, duly excepted to; 4. The damages are excessive, appearing to have been given under the influence of passion or prejudice; 5. For misconduct of the- jury in this, to wit, that the verdict was arrived at by the jury,... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1895 - 798 pages
...of which was insufficiency of the evidence to justify the verdict; and another was excessive damages appearing to have been given under the influence of passion or prejudice. The court granted a new trial unless plaintiff would consent to remit 81,600 from the verdict, and the... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1895 - 1026 pages
...court and have a new tiial granted, and assigns the following reasons therefor: 1st. The damages are excessive, appearing to have been given under the influence of passion or prejudice. 2d. The verdict is not sustained by sufficient evidence, and is contrary to law. 3d. Krror... | |
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... are excessive, appearing to have been given under the influence of passion or prejudice... 
