Murray v. Leonard

Citations

• 11 S.D. 22
• 75 N.W. 272
• 1898 S.D. LEXIS 65

Syllabus

<p>Under Comp. Laws, § 5088, Subd. 5, authorizing a new trial where the verdict is excessive, in an action for assault, where the verdict appears to have been given under passion and prejudice, the defendant cannot be deprived of a new trial by the court requiring a remittitur of a portion of the verdict.</p>