123 Minn. 480 | Minn. | 1913
This court should not reverse the action of the trial court and grant a new trial upon either of the grounds mentioned, unless the evidence is so manifestly and palpably against the verdict that the trial court violated a clear legal right of defendant and abused its judicial discretion in refusing to grant a new trial. Ohlson v. Manderfeld, 28 Minn. 390, 10 N. W. 418; Karsen v. Milwaukee & St. P. Ry. Co. 29 Minn. 12, 11 N. W. 122; Blakeman v. Blakeman, 31 Minn. 396, 18 N. W. 103; Koch v. St. Paul City Ry. Co. 45 Minn. 407, 48 N. W. 191; Morrissey v. Guaranty Savings & Loan Assn. 81 Minn. 426, 84 N. W. 219; McKnight v. Minneapolis, St. P. & S. S. M. Ry. Co. 96 Minn. 480, 105 N. W. 673; Hegna v. Modern Brotherhood of America, 118 Minn. 368, 136 N. W. 1035.
We have gone over the record with a great deal of care, and, we have, with some hesitation, reached the conclusion that we should not disturb the verdict.''(The case rests wholly upon the testimony of plaintiff and her physician^) In fact it rests largely upon her own testimony as to matters upon which, in the nature of things, defendant could hope to secure but little proof. This fact should subject her case to the closest scrutiny, yet it cannot be held a ground for denying to her any relief or of depriving her of the right to have the facts in her case passed upon by a jury.
The damages are large, but if the testimony of plaintiff and her physician is to be believed, the damages are not so excessive as to require our disturbing the verdict or the amount of it. The credibility of this testimony was for the jury to determine.
Order affirmed.