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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Mattfeld v. Nester, 32 N.W.2d 291 (1948)

Citation
Mattfeld v. Nester, 32 N.W.2d 291 (1948) 10.
Parent Document
Mattfeld v. Nester, 32 N.W.2d 291 (1948)
Jurisdiction
Minnesota (state)
Effective Date
1948-04-16

Other Sections in This Document (117)

Full Text

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10. Defendant has failed to point out wherein the verdict is excessive and what basis there is for his contention that it was granted under the influence of passion and prejudice. Such failure compels affirmance as against the contention that excessive damages were awarded under the influence of passion and prejudice. The verdict here upon its face does not appear to be excessive. Chase v. Fitzgerald, 132 Conn. 461, 45 A. (2d) 789, 163 A. L. R. 247. A party asserting on appeal that a verdict is excessive has, as a part of his burden of affirmatively showing error, the burden of explicitly showing wherein the verdict is excessive, and if he fails in this respect the verdict will not be disturbed. Jacobson v. C. & N. W. Ry. Co. 221 Minn. 454, 22 N. W. (2d) 455; 1 Dunnell, Dig. & Supp. §§ 368, 373. Our conclusion is that there should be an affirmance. Affirmed. 2