81 Minn. 99 | Minn. | 1900
This action was brought to recover damages on account of injuries sustained, as plaintiff claims, by reason of the wrongful acts of the defendants and others acting in concert with them. The answer was a general denial, and the plaintiff had a verdict for $1,000. The defendants made a motion for a new trial on the ground that the damages were excessive, that the verdict was not justified by the evidence, and for the errors of law occurring at the trial. The trial court, in its order disposing of the motion, correctly stated that no errors prejudicial to the defendants were committed on the trial, and that a verdict for some amount was justifiable against the defendants. The balance of the order was in these words:
“The principal injury complained of by the plaintiff resulted from a blow concededly struck by one Theodore Emme, not served with process. The evidence fails to prove that this blow was inflicted by the moving defendants, or by their aid, advice, or procurement. It*100 was in no way instigated by them. The defendants making the motion were in no way liable to the plaintiff for the injuries resulting from such blow. It is therefore ordered that the motion of the defendants, and of each of them, be granted, unless the plaintiff, within twenty days after the service of a copy of this order upon him, consent to a reduction of the verdict herein to the sum of $250, by a written stipulation to that effect filed in the office of the clerk of this court. If such consent is so filed, judgment will be rendered against the defendants for $250 and costs.”
The plaintiff appealed from the order.
It is to be noted that the trial court did not grant a new trial conditionally, in the exercise of its discretion, but as a matter of law, upon the ground that there was no evidence in the case to sustain a finding by the jury that the defendants instigated the act of Theodore Emme which occasioned the principal injury sustained by the plaintiff. If such be the case, the order must be affirmed; but, if the evidence fairly sustains such a finding, then the order must be reversed, and judgment entered upon the verdict. Counsel for the defendants, however, urge that the trial court erred in giving to the jury certain of the plaintiff’s requests for instructions, and that the order granting a new trial must be affirmed for this reason, even if the one assigned by the trial court for its action be not the correct one. No exception was taken to the general charge of the court. The instructions complained of were the plaintiff’s fifth, sixth, thirteenth, and fourteenth special requests. These instructions were directed to the question of the liability of the defendants for the acts of Theodore Emme. The contention of the defendants is that the instructions were abstract propositions, and prejudicial, because not based on any evidence which would justify the jury in finding that the defendants were liable for the acts of Theodore Emme. This is only another way of raising the same question which is presented by the trial court’s order. If the evidence was sufficient to sustain such finding, the instructions were correct, and the order wrong: but, if it was insufficient for that purpose, then the order was right, and the instructions prejudicial error. The sole question, then, for our decision is whether the evidence is sufficient to sustain such finding. If the finding is sustained, the award of damages was not excessive, but moderate.
Ho one else physically injured the plaintiff. The evidence is conflicting as to whether the defendants, or either of them, were
Order reversed and cause remanded, with instructions to enter judgment for the plaintiff on the verdict, as rendered,