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INLAND & SEABOARD COASTING CO. V. HALL, 124 U. S. 121 (1888)

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U.S. Supreme Court

Inland & Seaboard Coasting Co. v. Hall, 124 U.S. 121 (1888)

Inland and Seaboard Coasting Company v. Hall

Submitted December 22, 1887

Decided January 9, 1888

124 U.S. 121

Syllabus

An appeal lies to the general term of the Supreme Court of the District of Columbia from a denial by that court in special term of a motion for a new trial, made on the ground that the verdict was against the weight of evidence.

Metropolitan Railroad Co. v. Moore, 121 U. S. 558, affirmed to this point.

Case to recover damages for injuries caused to plaintiff by defendant's negligence. Verdict for plaintiff for $4,000. Defendant thereupon moved for a new trial on exceptions taken at the trial, and also on the following grounds: (1) Because the verdict was against the weight of evidence. (2) Because the verdict was against the instructions of the court. (3) Because the damages awarded by the jury were excessive.

This motion was heard by the justice before whom the case was tried and was overruled, and from the order overruling and denying the motion an appeal was taken to the court in general term. The order and appeal are as follows:

"The motion for a new trial coming on to be heard upon the pleadings, testimony, and rulings of the court, as set forth in the pleadings, and the stenographic report containing the whole of the evidence in said case, and being a case stated, said report being filed herewith and made Exhibit A, the same is overruled, and from the order of the court overruling said motion the defendant hereby appeals to the court in general term."

"By the court."

"MacArthur, Justice. "

Page 124 U. S. 122





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