Minneapolis, St Ry Co v. Moquin, No. 543

CourtUnited States Supreme Court
Writing for the CourtROBERTS
Citation75 L.Ed. 1243,283 U.S. 520,51 S.Ct. 501
PartiesMINNEAPOLIS, ST. P. & S. S. M. RY. CO. v. MOQUIN
Docket NumberNo. 543
Decision Date18 May 1931

283 U.S. 520
51 S.Ct. 501
75 L.Ed. 1243
MINNEAPOLIS, ST. P. & S. S. M. RY. CO.

v.

MOQUIN.

No. 543.
Argued April 29, 1931.
Decided May 18, 1931.

Messrs. Henry S. Mitchell and John E. Palmer, both of Minneapolis, Minn., for petitioner.

Mr. Tom Davis, of Minneapolis, Minn., for respondent.

Mr. Justice ROBERTS delivered the opinion of the Court.

Respondent sued petitioner in the district court of Crow Wing county, Minn., to recover damages for injuries sustained in the course of his employment in interstate commerce. The trial resulted in a verdict for the respondent, which petitioner moved to set aside on the ground that misconduct of respondent's counsel in making appeals to passion and prejudice had prevented an impartial trial. The motion was denied, and petitioner appealed to the Supreme Court of Minnesota. That court referred to the state practice which requires counsel to interrupt and have the language used by offending counsel placed upon the record, to ask the court to instruct the jury to

Page 521

disregard it, and to take an exception, if thought advisable. It, however, criticised the conduct of respondent's counsel, and said: 'In the absence of objection from counsel, it may become the duty of the court to act on its own motion. * * * From the entire record before us we are of the opinion that the verdict is excessive because of passion and prejudice.'

A new trial was ordered, unless the respondent should file in the trial court a writing remitting a portion of the verdict. 181 Minn. 56, 231 N. W. 829, 832. Such a remittitur was filed, and thereupon the trial court entered judgment for the remainder. The petitioner again appealed, and the Supreme Court affirmed, 181 Minn. 626, 231 N. W. 920, merely referring to its previous opinion. We granted a writ of certiorari 282 U. S. 833, 51 S. Ct. 105, 75 L. Ed. —, limited to the question arising from the failure of the state court to grant a new trial in a case under the Federal Employers' Liability Act (45 USCA §§ 51-59) where the verdictwas obtained by appeals to passion and prejudice.

It is unnecessary to cite from the record what occurred at the trial, or to discuss the propriety of the views of the court below as to the basis of the verdict. The finding is quoted above, and our sole concern is as to the action it requires. Nor need we inquire into the rules applicable in trials under state law. Whether under the state's jurisprudence the present record would entitle...

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108 practice notes
  • Kurn v. Stanfield, No. 11615.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 24, 1940
    ...A verdict obtained by appeals to passion and prejudice cannot be allowed to stand. Minneapolis St. P. & S. S. M. R. Co. v. Moquin, 283 U.S. 520, 51 S.Ct. 501, 75 L. Ed. 1243; Jenkins v. Wabash Ry. Co., 232 Mo.App. 438, 107 S.W.2d 204, 218, certiorari denied 302 U.S. 737, 58 S.Ct. 139, 82 L.......
  • Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., OHIO-SEALY
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 12, 1978
    ...with certainty to have affected the jury's decision only as to damages. See Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Moquin, 283 U.S. 520, 521-22, 51 S.Ct. 501, 75 L.Ed. 1243 (1931). We do not decide the question here, however, because we have reached the conclusion that the dist......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...not the result of passion and prejudice. 85 S.W.2d 743 Appellant cites the case of Minneapolis, St. Paul & Sault Ste. Marie Ry. v. Moquin, 283 U.S. 520, in support of its contention that the verdict should have been set aside. In that case the verdict in the trial court was for plaintiff. T......
  • Mooney v. Terminal Railroad Assn. of St. Louis, No. 39202.
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1945
    ...v. Kurn, 136 S.W. (2d) 997; N.Y.C.R. Co. v. Johnson, 279 U.S. 310, 49 S. Ct. 417, 73 L. Ed. 706; M., St. P. & S.S.M.R. Co. v. Moquin, 283 U.S. 520, 51 S. Ct. 501, 75 L. Ed. 1243. (11) The verdict is so excessive as to show it resulted from passion and prejudice against appellant. Hancock v.......
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108 cases
  • Kurn v. Stanfield, No. 11615.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • May 24, 1940
    ...A verdict obtained by appeals to passion and prejudice cannot be allowed to stand. Minneapolis St. P. & S. S. M. R. Co. v. Moquin, 283 U.S. 520, 51 S.Ct. 501, 75 L. Ed. 1243; Jenkins v. Wabash Ry. Co., 232 Mo.App. 438, 107 S.W.2d 204, 218, certiorari denied 302 U.S. 737, 58 S.Ct. 139, 82 L.......
  • Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., OHIO-SEALY
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • October 12, 1978
    ...with certainty to have affected the jury's decision only as to damages. See Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Moquin, 283 U.S. 520, 521-22, 51 S.Ct. 501, 75 L.Ed. 1243 (1931). We do not decide the question here, however, because we have reached the conclusion that the dist......
  • Kimberling v. Wabash Ry. Co., No. 32531.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...not the result of passion and prejudice. 85 S.W.2d 743 Appellant cites the case of Minneapolis, St. Paul & Sault Ste. Marie Ry. v. Moquin, 283 U.S. 520, in support of its contention that the verdict should have been set aside. In that case the verdict in the trial court was for plaintiff. T......
  • Mooney v. Terminal Railroad Assn. of St. Louis, No. 39202.
    • United States
    • United States State Supreme Court of Missouri
    • March 5, 1945
    ...v. Kurn, 136 S.W. (2d) 997; N.Y.C.R. Co. v. Johnson, 279 U.S. 310, 49 S. Ct. 417, 73 L. Ed. 706; M., St. P. & S.S.M.R. Co. v. Moquin, 283 U.S. 520, 51 S. Ct. 501, 75 L. Ed. 1243. (11) The verdict is so excessive as to show it resulted from passion and prejudice against appellant. Hancock v.......
  • Request a trial to view additional results

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