Norberg v. Pearson

Decided November 24, 1916

Supreme Court of Minnesota · decided 1916-11-24

Action in the district court for Red Lake county to recover $20,000 damages caused by being ejected from defendants’ saloon. The case was tried before Watts, J., who when plaintiff rested denied defendants’ motion to dismiss the action, and a jury which returned a verdict tor $1,800. From an order denying their motion for a new trial, defendants appealed.

Affirmed · Decided 1916-11-24

Pee Cubiam.

¶1Action, for damages for negligence. The case was tried by a jury which found a verdict for the plaintiff. A motion was made for a new trial on the grounds of (a) surprise, and (b) newly discovered evidence. From a denial of the motion, defendants appeal.

¶2An examination of the record satisfies us that this is not a case of “surprise” such as would justify a new trial. The trial court did not abuse its discretion by refusing to grant a new trial because of newly discovered evidence.

¶3Order affirmed.

Brown, C. J., took no part.