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Noland v. Rhode Island Company

Supreme Court of Rhode Island
Jan 12, 1910
74 A. 914 (R.I. 1910)

Summary

In Noland v. R.I. Co., supra, where the trial judge had disapproved of the verdict of a jury and granted a new trial the court said: "Moreover, when the verdict of a jury has been disapproved by the judge who presided at the trial, and a motion for a new trial has been granted by him on the ground that the verdict fails to administer substantial justice, such exercise of his power will not be disturbed by this court unless it clearly appears that such conclusion of the trial judge is erroneous."

Summary of this case from Vervena v. White

Opinion

January 12, 1910.

PRESENT: Dubois, C.J., Blodgett, Johnson, Parkhurst, and Sweetland, JJ.

(1) New Trial. When the verdict of a jury has been disapproved by the trial judge and a motion for new trial has been granted by him, such action will not be disturbed unless it clearly appears that such conclusion is erroneous.

TRESPASS ON THE CASE. Heard on exceptions of plaintiff, and overruled.

Waterman, Curran and Hunt, for plaintiff.

Joseph C. Sweeney and Clifford Whipple, for defendant.


The general rule, laid down in Wilcox v. The Rhode Island Co., 29 R.I. 292, is that the verdict of a jury, when approved by the justice who presided at the trial, will be sustained by this court in the absence of anything to indicate that the jury were influenced in their finding by improper motives, or that the judge erred in his ruling. Moreover, when the verdict of a jury has been disapproved by the judge who presided at the trial, and a motion for a new trial has been granted by him on the ground that the verdict fails to administer substantial justice, such exercise of his power will not be disturbed by this court unless it clearly appears that such conclusion of the trial judge is erroneous. Such error is not apparent in this case.

The plaintiff's exceptions are therefore overruled, and the case is remitted to the Superior Court for a new trial.


Summaries of

Noland v. Rhode Island Company

Supreme Court of Rhode Island
Jan 12, 1910
74 A. 914 (R.I. 1910)

In Noland v. R.I. Co., supra, where the trial judge had disapproved of the verdict of a jury and granted a new trial the court said: "Moreover, when the verdict of a jury has been disapproved by the judge who presided at the trial, and a motion for a new trial has been granted by him on the ground that the verdict fails to administer substantial justice, such exercise of his power will not be disturbed by this court unless it clearly appears that such conclusion of the trial judge is erroneous."

Summary of this case from Vervena v. White
Case details for

Noland v. Rhode Island Company

Case Details

Full title:SELENA E. NOLAND vs. RHODE ISLAND COMPANY

Court:Supreme Court of Rhode Island

Date published: Jan 12, 1910

Citations

74 A. 914 (R.I. 1910)
74 A. 914

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