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Dimick Vs. Schiedt
Cites for this judgment
- US Supreme Court
- Jan 07, 1935
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U.S. 474 (1935) U.S. Supreme Court Dimick v. SchiedtSearch
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U.S. 474 (1935) Dimick v. SchiedtSearch
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rules of the common law established at the time of the adoption of that constitutional provision in 1791. Thompson v. UtahSearch
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Patton v. UnitedSearch
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The last case called to our attention or that we have been able to find that recognized the rule is that of Brown v. SeymourSearch
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the damages awarded were sufficient. We have found no case where the power was exercised affirmatively since Burton v. BaynesSearch
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of the Constitution. Page 293 U. S. 478 It was expressly rejected in an early case in South Carolina. McCoy v. LemonSearch
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aware of an instance in which such a jurisdiction had been exercised in modern times. And see Union Pacific Ry. Co. v. BotsfordSearch
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Beardmore v. CarringtonSearch
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Sayer's Law of Damages 177. In Beardmore v. CarringtonSearch
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It is true that Belt v. LawesSearch
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agree that the damages should be larger. But this doctrine was expressly repudiated by the House of Lords in Watt v. WattSearch
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A.C. 115, and Belt v. LawesSearch
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was indefensible, and that no reasoned vindication of it had been found. The prevailing opinions in Barbour & Co. v. DeutscheSearch
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There is a decision by Mr. Justice Story, sitting on circuit, authorizing such a remittitur, as early as 1822. Blunt v. LittleSearch
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of the damages. This view of the matter was accepted by this Court in Northern Pacific R. Co. v. HerbertSearch
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U. S. 646 -647, and has been many times reiterated. See, for example, Arkansas Valley Land & Cattle Co. v. MannSearch
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Koenigsberger v. RichmondSearch
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Gila Valley Ry. Co. v. HallSearch
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approach to a reasoned opinion on the subject in any of the decisions is found in Arkansas Valley Land & Cattle Co. v. MannSearch
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will be to weaken or subvert what it conceives to be a principle of the fundamental law of the land. Compare Judson v. GraySearch
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That rule applies with peculiar force to the present case, since, accepting Arkansas Valley Land & Cattle Co. v. MannSearch
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that any seeming curtailment of the right to a jury trial should be scrutinized with the utmost care. Compare Patton v. UnitedSearch
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The common law is not immutable, but flexible, and, upon its own principles, adapts itself to varying conditions. Funk v. UnitedSearch
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for new trial have been made and granted on the ground that the verdict was inadequate. See, for example, Carter v. WellsSearch
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Usher v. ScrantonSearch
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Glenwood Irr. Co. v. VallerySearch
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United Press Assns. v. NationalSearch
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Stetson v. StindtSearch
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verdict of a jury because inadequate or excessive, and in its discretion to grant or deny a new trial. Railroad Co. v. FraloffSearch
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permitted and the authority to set aside a verdict which is not within those limits. Arkansas Valley Land & Cattle Co. v. MannSearch
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U. S. 69 , 130 U. S. 74 . Cf. Southern Ry. Co. v. BennettSearch
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ground that the verdict is too small or too large is not subject to review on writ of error or appeal. Railroad Co. v. FraloffSearch
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Wabash Ry. Co. v. McDanielsSearch
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Fitzgerald & Mallory Construction Co. v. FitzgeraldSearch
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Luckenbach S.S. Co. v. UnitedSearch
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Barr v. GratzSearch
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Railroad Co. v. FraloffSearch
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Terre Haute & Indiana Ry. Co. v. StrubleSearch
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Fishburn v. ChicagoSearch
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S. 491 trial in actions at law, serving to distinguish them from suits in equity and admiralty, See Parsons v. BedfordSearch
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U.S. Supreme Court Dimick v. SchiedtSearch
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Thompson v. UtahSearch
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of Brown v. SeymourSearch
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Burton v. BaynesSearch
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South Carolina. McCoy v. LemonSearch
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