Inland & Seaboard Coasting Co. v. Hall,
Annotate this Case
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
ERROR TO THE SUPREME COURT
OF THE DISTRICT OF COLUMBIA
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. "
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This judgment is reversed on the authority of Metropolitan Railroad Co. v. Moore, 121 U. S. 558, and the cause remanded with directions to take further proceedings therein in accordance with the opinion in that case -- that is to say, to consider the appeal from the order at special term denying the motion of the Inland and Seaboard Coasting Company for a new trial, made on the ground that the verdict was against the weight of the evidence.