147 Minn. 103 | Minn. | 1920
Lead Opinion
This is an action for personal injuries. There was a verdict fox the plaintiff. A motion for a new trial upon the grounds of insufficiency of evidence and of excessive damages, as well as upon other grounds, was denied. The order denying the motion was affirmed on appeal.
The question is whether it was error against the defendant to permit the plaintiff to avoid a new trial by a reduction of the verdict. The condition in such an order does not harm the plaintiff, for he need not consent to a reduction.
The law is thoroughly established in this state, in harmony with authority elsewhere, that the trial court or this court may grant a new trial for excessive or inadequate damages and mate it conditional upon the party against whom the motion is directed consenting to a reduction or an increase of the verdict. Dunnell, Minn. Dig. and 1916 Supp. §§ 7138, 7141. In such a case the court does not trench upon the province of the jury nor deny the party seeking .to retain the verdict the right to the finding of a jury. It merely corrects error. The practice adopted works well, tends to the speedy termination of litigation and results in sub
The practical advantages resulting from a reduction outweigh technical objections, and we hold that when a motion for a new trial, based on newly discovered evidence, is directed to the excessiveness of the verdict, a new trial may be granted conditional upon a consent to a' reduction.
Order affirmed.
Dissenting Opinion
(dissenting).
A defendant responsible in damages in a law case is entitled to an assessment by a jury. If the evidence which the jury had before it does not sustain so great an award as was made the trial court may conditionally reduce it, and the defendant cannot complain. In such a ease the court determines the law upon the record before the jury. It does not trench upon the province of the jury nor deny the defendant the right to a jury trial. This is not such a case. The jury has not heard the promised new evidence, nor even the affidavits relative to it. The court has not heard it. All that it knows is what the supporting affidavits of the defendant and the counter affidavits of the plaintiff show. From them, if at all, it must determine what evidence will be before the court on a new trial. The affidavits do not agree, and they reflect the new evidence accordingly as they are in fact true or false or are believed or disbelieved by the court. The situation is not much different than if on a motion for a new trial on the ground of excessiveness supporting affi
(dissenting)
I agree with Justice Dibell.