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Dimick v. Schiedt
United States Supreme Court
293 U.S. 474, 55 S.Ct. 296 (1935)
The plaintiff brought suit against the defendant for the negligent operation of an automobile. The jury returned a verdict in favor of the plaintiff for $500. The plaintiff moved for a new trial on the grounds that the damages were inadequate. The United States District Court for the District of Massachusetts granted a new trial unless the defendant would consent to an increase of the damages to $1,500. The plaintiff’s consent to this condition was not requested, required, or given. The defendant nonetheless agreed to the increase and the plaintiff’s motion for a new trial was accordingly denied. The plaintiff appealed to the court of appeals and the judgment was reversed. The court of appeals held that the conditional order violated the Seventh Amendment. The defendant appealed.
Rule of Law
Holding and Reasoning (Sutherland, J.)
Dissent (Stone, J.)
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