...upon the reasons assigned 6 323J ^6 430| in support of their motion for a new trial, which were: 1. Excessive damages appearing to have been given under the influence of passion or prejudice. 2. Insufficiency of the evidence to justify the verdict of the jury. This action was upon...

...prevailing party. 3. Accident or surprise, which ordinary prudence could not have guarded against. 4. Excessive damages, appearing to have been given under the influence of passion or prejudice. 5. Error in the assessment of the amount of recovery, whether too large, or too small, when...

...or the Supreme Court of the Territory on appeal, to set aside a verdict and grant a sew trial "for excessive damages appearing to have been given under the influence of passion or prejudice," or "for insufficiency of the evidence to justify the verdict." §§ 285, 408; Act of Amendment...

...the refusal ${ the court to allow the defendant to amend its answer; (3) exces- ***<0e™"ltot sive damages appearing to have been given under the influence of passion or prejudice : (4) insufficiency of the evidence to justify the verdict ; (5) that the verdict was againsl...

...or the supreme court of the Territory on appeal, to set aside a verdict and grant a new trial "for excessive damages appearing to have been given under the influence of passion or préjudice," or "for insufficiency of the evidence to justify the verdict," £$s 265, 408; Actof Amendment...

...61 Cal. 608, the court said: "There is a provision that a new trial may be granted for the cause of 'excessive damages appearing to have been given under the influence of passion or prejudice.' " But there is no provision which authorizes the setting aside of the finding of the cause...

...ordinary prudence could not have guarded against. "Fourth — Excessive or inadequate and insufficient damages, appearing to have been given under the influence of passion or prejudice. " Fifth — That the verdict, report or decision is not justified by the evidence, or is...

...application, which he could uot with reasonable diligence have discovered and produced at the trial; 5. Excessive damages, appearing to have been given under the influence of passion or prejudice; 6. Insufficiency of the evidence to justify the verdict or other decision, or that it is...

...party; third, accident or surprise which ordinary prudence could not have guarded against; fourth, excessive damages, appearing to have been given under the influence of passion or prejudice; fifth, error in the assessment of the amount of recovery, whether too large or too small,...

...causes affecting materially the substantial rights of the party making the motion for a new trial ; excessive damages, appearing to have been given under the influence of passion or prejudice, and when the action is upon a contract, whether the verdict be too large or too small. Hamilton...