Minnesota Supreme Court, 1884

Carlson v. Small

Carlson v. Small
Minnesota Supreme Court · Decided November 29, 1884 · Gilfillan
32 Minn. 439; 21 N.W. 480; 1884 Minn. LEXIS 193 (Minnesota Reports)

Counsel

M. M. Madignn, for appellant., Redding é Laing, for respondent.

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Last cited by a Minnesota appellate court in 1886, among the opinions in this site’s citation index.

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Carlson v. Small

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Gilfillan, C. J.

It is apparent from the record, and seems to be assumed in the argument here, that the court below granted the new trial because, in its opinion, the verdict was not sustained by the evidence. Although we think the court might have denied the motion, the evidence certainly was not in favor of the verdict to that extent that we could, within the rule laid down in Hicks v. Stone, 13 Minn. 398, (434,) and followed in Rheiner v. Stillwater Street Ry. Co., 29 Minn. 147, interfere with the order of the trial court granting a new trial.

Order affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.