Civil Procedure Keyed to Cound
Dimick v. Schiedt
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After trial in the district court, the jury returned a verdict in the amount of $500. Respondent moved for a new trial on the grounds that the verdict returned was contrary to the weight of the evidence presented at trial and that the damages awarded were insufficient. The district court ordered a new trial on the grounds that the damages awarded were insufficient. However, in its order, the district court allowed Petitioner the option of paying the increased sum of $1,500 in damages and foregoing a new trial. Petitioner agreed to this increase, but Respondent did not consent to this modification and appealed. The United States Court of Appeals for the First Circuit reversed this decision.
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