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24 R.I. 29

51 A 1040

Hackett v. Shaw

Supreme Court of Rhode Island

Decided March 14, 1902

Supreme Court of Rhode Island · decided 1902-03-14

<p>(1) New Trial. Inadequacy of Bam,ages.</p> <p>A new trial upon the ground of inadequacy of damages will be denied where there is a conflict of testimony as to the extent of the injury.</p>

Cited by 4 later decisions — most recently May 1938

4 state decisions

Relies on McGowan v. Interstate Consolidated Street Railway Co. · Pardey v. American Ship Windlass Co. · McNeil v. Lyons

Good law ✅— No negative treatment on recordhow we know

Decided 1902-03-14

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Per Curiam.

¶1 (1) Oases in which new trials have been granted by this court for inadequacy of damages have been those where there was no question as to the extent of the injury. Gartner v. Saxon, 19 R. I. 461 ; McNeil v. Lyons, 20 R. I. 672. Where there has been a conflict of testimony as to the extent of the injury a new trial has been denied, because the court could not say that the verdict did not represent the *30 honest judgment of the jury upon the conflicting testimony, McGowan v. Interstate Co., 20 R. I. 264.

D. J. Holland, for plaintiff. E. D. Bassett, for defendant.

¶2 In this case there was conflicting testimony as to the extent of the injury, and the jury may have believed the testimony for the defence; and, if so, we cannot say that the verdict was clearly wrong.

¶3 Petition for new trial denied.

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