SEARS ET AL.
v.
AUSTIN

U.S. | 1961-12-04
No. 459
368 U.S. 929 Supreme Court of the United States (1961) Negative Treatment
Cited by 114 cases

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Cited By (57 total)

  • Cleo R. Herrera v. Valentine, 653 F.2d 1220 (8th Cir. 1981)
    …y case, but only in those rare situations where we are pressed to conclude that there is “plain injustice” or a “monstrous” or “shocking” result. Id. at 198 (quoting Solomon Dehydrating Co. v. Guyton, 294 F. 2d 439, 447-48 (8th Cir.), cert. denied, 368 U.S. 929, 82 S.Ct. 366, 7 L.Ed.2d 192 (1961)); see Richardson v. Communication Workers of America, 530 F. 2d 126, 129 (8th Cir.), cert. denied, 429 U.S. 824, 97 S.Ct. 77, 50 L.Ed.2d 86 (1976). Our careful review of the record convinces us that the jury’s awa…
  • Morrow v. Greyhound Lines, Inc., 541 F.2d 713 (8th Cir. 1976)
    …amages awarded to appellees were excessive and consequently the trial court erred in failing to grant Greyhound’s motion for a new trial on that ground. Prior to Solomon Dehydrating Co. v. Guyton, 294 F. 2d 439, 446-48 (8th Cir. 1961), cert. denied, 368 U.S. 929, 82 S.Ct. 366, 7 L.Ed.2d 192 (1962), it was the policy of this court to leave the review of judgments claimed to be excessive solely with the trial judge on a motion for a new trial. Id. at 446. This was grounded in the fact that the trial court has…
  • Hysell v. Iowa Pub. Serv. Co., 559 F.2d 468 (8th Cir. 1977)
    …re pressed to conclude that there is ‘plain injustice’ or a ‘monstrous’ or ‘shocking’ result.” Hysell v. Iowa Public Service Co., supra, 534 F. 2d at 786 n.8, quoting Solomon Dehydrating Co. v. Guyton, 294 F. 2d 439, 447-48 (8th Cir.), cert. denied, 368 U.S. 929, 82 S.Ct. 366, 7 L.Ed.2d 192 (1961). See also Nodak Oil Co. v. Mobil Oil Corp., 533 F. 2d 401, 410 (8th Cir. 1976); Slatton v. Martin K. Eby Construction Co., 506 F. 2d 505, 508 (8th Cir. 1974), cert. denied, 421 U.S. 931, 95 S.Ct. 1657, 44 L.Ed.2d…

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