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STENE v. HILLGREN

No. 9684.

88 N.W.2d 109 (1958)

E. O. STENE, Plaintiff and Appellant, v. Ralph O. HILLGREN, Defendant and Respondent.

Supreme Court of South Dakota.

February 20, 1958.

Attorney(s) appearing for the Case

Gene E. Pruitt, Sioux Falls, for plaintiff and appellant.

James O. Berdahl, Sioux Falls, for defendant and respondent.

SMITH, Judge.

This action is for damages resulting from an assault and battery. The jury awarded plaintiff damages in the sum of $938. In response to an application by defendant the trial court vacated the verdict and granted a new trial. The order was based upon the ground that the jury had awarded excessive damages under the influence of passion or prejudice. Cf. SDC 33.1605(5). Whether, in so doing, the trial court abused its discretion is the sole issue before...

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