42 Minn. 46 | Minn. | 1889
1. A struck jury was summoned in this case, 'and upon the trial, the requisite number not appearing, the sheriff
2. The modification of defendant’s tenth instruction was correct. The proposition of counsel was: “The law does not require that such additional precautions as it is. apparent after the accident might have prevented the same should have been previously adopted, but only such as would be dictated by the care and prudence of a cautious and
3. The offer of testimony to discredit the witness Byrne was properly ruled out. It was proposed to contradict his statements, without having first called his attention to the time, place, or other material circumstance involved in the supposed contradiction. The proper foundation was not laid, and the court followed the rule as recognized and adopted in this state. Horton v. Chadbourn, 31 Minn, 322, (17 N. W. Rep. 865.)
4. The remarks of counsel for the plaintiff in respect to the character of the defence and the usual verdicts in this class of cases did not constitute “misconduct,” such as to justify this court in reversing the decision of the trial court on the question. It was in the discretion of that court to determine, upon its own observation and judgment, the effect of such remarks upon the jury, and whether they were prejudicial to the defendant. Loucks v. Chicago, Mil. & St. Paul Ry. Co., 31 Minn. 526, 535, (18 N. W. Rep. 651;) Com. v White, 148 Mass. 430, (19 N. E. Rep. 222.) The damages were not excessive, in the opinion of the trial court, and upon that matter we can discover no ground for interfering with its decision.
Order affirmed.