· 4/20/2021

N.B. v. Terwilliger

Citations

  • 2021 ND 74

Syllabus

When a district court answers a jury's question on a point of law, it is further instructing the jury. No law requires a district court to give a jury an instruction on the authority to place property in a trust under N.D.C.C. § 30.1-29-09. Under N.D.R.Civ.P. 59(g), conformance to the evidence and the district court's instructions negates any assertion that the verdict was rendered under passion or prejudice. An inadequate jury award provides a basis for a new trial when it is without support in the evidence.

Judges: VandeWalle, Gerald W.

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