Thompson v. Nw. Guar. Loan Co.

• Decision Date: 21 December 1893
• Parties: THOMPSON v. NORTHWESTERN GUARANTY LOAN CO.
• Court: Minnesota Supreme Court

56 Minn. 11

57 N.W. 223

THOMPSON

v.NORTHWESTERN GUARANTY LOAN CO.

Supreme Court of Minnesota.

Dec. 21, 1893.

(Syllabus by the Court.)

Where the order of the court below in granting a new trial is fairly within its discretionary power, it will be sustained by this court. Hicks v. Stone, 13 Minn. 434, (Gil. 398.)

Appeal from district court, Hennepin county; Hooker, Judge.

Action by Laura E. Thompson against the Northwestern Guaranty Loan Company to recover for personal injuries alleged to have been sustained at defendant's building in Minneapolis on March 16, 1892. On that day, plaintiff entered the building, and, after passing to the second floor leading to the lobby, one of the glass plates of which the floor is composed slipped from its place, and her foot was precipitated through the opening, thereby causing the injury complained of. The jury found a verdict for plaintiff for $10,380. A new trial was granted on the ground that the verdict was not sustained by the evidence. Plaintiff appeals. Affirmed.

F. F. Davis, for appellant.

Keith, Evans, Thompson & Fairchild and Charles J. Bartleson, for respondent.

BUCK, J.

The action of the court below in granting a new trial was fairly within its discretion, and, following the rule laid down in Hicks v. Stone, 13 Minn. 434, (Gil. 398,) the order granting a new trial is affirmed.