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" In all cases where there is no rule of law regulating the assessment of damages, and the amount does not depend on computation, the judgment of the jury, and not the opinion of the court, is to govern, unless the damages are so excessive as to warrant... "
Massachusetts Reports: Cases Argued and Determined in the Supreme Judicial ... - Page 81
by Massachusetts. Supreme Judicial Court - 1865
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The Practice of the Courts of King's Bench and Common Pleas, in ..., Volume 2

William Tidd, Francis Joseph Troubat, Asa Israel Fish - Civil procedure - 1856 - 1550 pages
...computation, the judgment of the jury, and not the opinion of the court, is to govern, unless the damuges are so excessive as to warrant the belief that the...misled by some mistaken view of the merits of the case. Soieter v. Canal Hndgt, lij 11. 506. Cojjin v. Coffin, 4 Mass. 1, 41. Taunton Maii. Co. v. Smith, 9...
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Digest of the decisions of the courts of common law and admiralty ..., Volume 2

Theron Metcalf, Jonathan Cogswell Perkins, George Ticknor Curtis - History - 1863
...depend on computation, the judgment of the jury, and not the opinion of the court, is to govern, unless the damages are so excessive as to warrant the belief...misled by some mistaken view of the merits of the case. Worstcr v. Canal Bridge, 16 Pick. 541. Perry v. Goodwin, 6 Mass. 498, 49. Smith v. Lush, 4 Bibb,...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 25

California. Supreme Court - Law reports, digests, etc - 1865
...depend on computation, the judgment of the jury, and not the opinion of the Court, is to govern, unless the damages are so excessive as to warrant the belief...misled by some mistaken view of the merits of the case. In the present case, the plaintiff was exposed to the imminent peril of his life, to great bodily and...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 9

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 - Law reports, digests, etc - 1894
...set aside their verdict in cases where the damages are so great or so little as to make it apparent that the jury must have been influenced by partiality...misled by some mistaken view of the merits of the case. 2 Thompson on Trials, sec. 3060; Suffolk v. Nantucket, 16 Pick. 541. Neither do we think the newly...
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Cases Argued and Adjudged in the Supreme Court of Florida

Florida. Supreme Court - Law reports, digests, etc - 1882
...depend on computation, the judgment of the jury, and not the opinion of the court, is to govern, unless the damages are so excessive as to warrant the belief...misled by some mistaken view of the merits of the case. * * * We do not consider whether or not we should have assessed the same amount of damages if the case...
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The Pacific Reporter, Volume 5

Law reports, digests, etc - 1885
...govern, unless the damages awarded are so obviously disproportionate to the injury shown to be sustained as to warrant the belief that the jury must have been...by some mistaken view of the merits of the. case. Upon the testimony of the appellee and the other witnesses, including the physicians who were examined...
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West Coast Reporter: Containing All the Decisions as Fast as Filed ..., Volume 5

John Norton Pomeroy, Carter Pitkin Pomeroy - Law reports, digests, etc - 1885
... aside as excessive, unless the damages awarded are so obviously disproportionate to the injury as to warrant the belief that the jury must have been influenced by partiality or prejudice, or been misled by some mistaken view of the merits of the case. Error to the district court of Arapahoe...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 15

District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey, Charles Cowles Tucker - Law reports, digests, etc - 1886
...damages, the jury have the right to fix the amount, which will not be disturbed unless so disproportionate as to warrant the belief that the jury must have been influenced by partiality or prejudice. Hilliard on New Trials, 562, et seq. In general, where there is no certain measure of damages, the...
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The American Decisions: Containing All the Cases of General Value ..., Volume 74

John Proffatt, Abraham Clark Freeman, Bancroft-Whitney Company - Law reports, digests, etc - 1886
...affirmed. Xrw TRIAL WILL yarr EK GRAFTED for exceuaaive damage* in action* against common carriers, unless the damages are so excessive as to warrant the belief that the jury most have been influenced by partiality or prejudice. In snch cases, there is no rule of law fixing...
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The Southwestern Reporter, Volume 1

Law reports, digests, etc - 1887
...DAMAGES. A new trial will not be awarded on the ground of excessive damages unless the damages allowed are so excessive as to warrant the belief that the...prejudice, or have been misled by some mistaken view of the case. Frericksv. Bermes, 22 Fed. Rep. 424; Smith т. Memphis & LRR Co., 18 Fed. Rep. 304 ; Brown v....
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