Section 28-1902, subdivision 6, NDRC 1943. It has been repeatedly held by this court that the question of whether a new trial should be granted because of the insufficiency of the evidence is within the sound discretion of the trial court. Pengilly v. J. I. Case Threshing Machine Co., 11 N.D. 249, 91 N.W. 63, 12 Am.Neg.Rep. 619; Froh v. Hein, 76 N.D. 701, 39 N.W.2d 11; Haslam v. Babcock, 71 N.D. 363, 366, 1 N.W.2d 335; Burdick v. Mann, 60 N.D. 710, 236 N.W. 340, 82 A.L.R. 1443; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Martin v. Parkins, 55 N.D. 339, 213 N.W. 574; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64. It is only when the trial court has abused its discretion that its ruling will be disturbed. Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Pengilly v. J. I. Case Threshing Machine Co., 11 N.D. 249, 91 N.W. 63, 12 Am.Neg.Rep. 619; Ross v. Robertson, 12 N.D. 27, 94 N.W. 765; Johnson v. Patterson, 67 N.D. 132, 270 N.W. 97; Krueger v. North American Creameries, 75 N.D. 264, 27 N.W.2d 240; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64; Martin v. Parkins, 55 N.D. 339, 213 N.W. 574; Baird v. Unterseher, 57 N.D. 885, 224 N.W. 306; State v. Hummel, 73 N.D. 308, 14 N.W.2d 368.
Section 28-1902, subdivision 6, NDRC 1943. It has been repeatedly held by this court that the question of whether a new trial should be granted because of the insufficiency of the evidence is within the sound discretion of the trial court. Pengilly v. J. I. Case Threshing Machine Co., 11 N.D. 249, 91 N.W. 63, 12 Am.Neg.Rep. 619; Froh v. Hein, 76 N.D. 710, 39 N.W.2d 11; Haslam v. Babcock, 71 N.D. 363, 366, 1 N.W.2d 335; Burdick v. Mann, 60 N.D. 710, 236 N.W. 340, 82 A.L.R. 1443; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Martin v. Parkins, 55 N.D. 339, 213 N.W. 574; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64. The district court may grant a motion for a new trial when there is substantial conflict in the evidence if in its discretion it finds that the evidence does not justify the verdict.
We have so held in many cases. Moe v. Kettwig, N.D., 68 N.W.2d 853; Loveland v. Nieters, supra; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64; Neugebauer v. Anstrom, 68 N.D. 684, 283 N.W. 74; Skaar v. Eppeland, 35 N.D. 116, 159 N.W. 707; Northwest Engineering Co. v. Gjellefald-Chapman Construction Co., 57 N.D. 500, 222 N.W. 621; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Olstad v. Stockgrowers Credit Corporation, 66 N.D. 416, 266 N.W. 109; State v. Northwest Nursery Co., 66 N.D. 704, 268 N.W. 689; Mason v. Underwood, 49 N.D. 243, 191 N.W. 949; Burdick v. Mann, 60 N.D. 710, 236 N.W. 340, 82 A.L.R. 1443; Reid v. Ehr, 36 N.D. 552, 162 N.W. 903. To warrant the granting of a new trial on the ground of "excessive damages appearing to have been given under the influence of passion or prejudice," the amount of the verdict must appear to be so large as to induce the belief that the jury was actuated by passion and prejudice. Loveland v. Nieters, supra.
A motion for a new trial upon the ground of insufficiency of the evidence is directed primarily to the sound discretion of the trial court. Haser v. Pape, N.D., 50 N.W.2d 240; Froh v. Hein, 76 N.D. 701, 39 N.W.2d 11; Haslam v. Babcock, 71 N.D. 363, 1 N.W.2d 335; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Martin v. Parkins, 55 N.D. 339, 213 N.W. 574; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64. The learned trial Judge in his memorandum decision denying motion for a new trial in part stated:
It is also well settled that when the trial court has granted a new trial the supreme court will not disturb such decision if the evidence shows that the trial court exercised legal discretion in granting a new trial. Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Crossen v. Rognlie, N.D., 68 N.W.2d 110. In the case of Durick v. Winters, 70 N.D. 592, 296 N.W. 744, 746, this court said:
A motion for a new trial upon the ground of insufficiency of the evidence is directed primarily to the sound judicial discretion of the trial court. Froh v. Hein, 76 N.D. 701, 39 N.W.2d 11; Haslam v. Babcock, 71 N.D. 363, 1 N.W.2d 335; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Martin v. Parkins, 55 N.D. 339, 213 N.W. 574; Kohler v. Stephens, 74 N.D. 655, 24 N.W.2d 64. The court's action upon an application for a new trial upon the ground of the insufficiency of the evidence to justify the verdict will not be disturbed upon appeal unless abuse of discretion is shown. Heyrock v. McKenzie, 8 N.D. 601, 80 N.W. 762; Farmers Elevator Co. v. Fristad, 52 N.D. 497, 203 N.W. 675; Johnson v. Patterson, 67 N.D. 132, 270 N.W. 97; Olsen v. Wetzstein, 55 N.D. 794, 215 N.W. 280.
A motion for a new trial upon this ground is nevertheless subject to the general rule that it is addressed to the sound judicial discretion of the trial court and its decision will not be disturbed unless an abuse of that discretion is clearly shown. Neugebauer v. Anstrom, 68 N.D. 684, 283 N.W. 74; Skaar v. Eppeland, 35 N.D. 116, 159 N.W. 707; Northwest Engineering Co. v. Gjellefald-Chapman Constr. Co. 57 N.D. 500, 222 N.W. 621; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Olstad v. Stockgrowers Credit Corp. 66 N.D. 416, 266 N.W. 109; State use of Workmen's Comp. Fund v. Northwest Nursery Co. 66 N.D. 704, 268 NW 689; Mason v. Underwood, 49 N.D. 243, 191 N.W. 949; Burdick v. Mann, 60 N.D. 710, 236 N.W. 340, 82 ALR 1443, supra; Halverson v. Zimmerman, 56 N.D. 607, 218 N.W. 862; Reid v. Ehr, 36 N.D. 552, 162 NW 903; Wagoner v. Bodal, 37 N.D. 594, 164 N.W. 147. The trial court's memorandum opinion deals extensively with plaintiff's injuries.
A motion for a new trial upon the ground of excessive damages appearing to have been given under the influence of passion and prejudice, is addressed primarily to the sound judicial discretion of the trial court and its decision will not be disturbed unless an abuse of that discretion is clearly shown. Skaar v. Eppeland, 35 N.D. 116, 159 N.W. 707; Northwest Engineering Co. v. Gjellefald-Chapman Constr. Co. 57 N.D. 500, 222 N.W. 621; Baird v. Clooten, 60 N.D. 699, 236 N.W. 356; Olstad v. Stockgrowers Credit Corp. 66 N.D. 416, 266 N.W. 109; State use of Workmen's Comp. Fund v. Northwest Nursery Co. 66 N.D. 704, 268 N.W. 689; Mason v. Underwood, 49 N.D. 243, 191 N.W. 949; Burdick v. Mann, 60 N.D. 710, 236 N.W. 340, 82 A.L.R. 1443; Halverson v. Zimmerman, 56 N.D. 607, 218 N.W. 862; Reid v. Ehr, 36 N.D. 552, 162 N.W. 903; Wagoner v. Bodal, 37 N.D. 594, 164 N.W. 147. Where a new trial has been asked for on this ground, and it further appearing that the passion and prejudice affected only the amount of the verdict, the trial court has the power to order that a new trial be had unless the party in whose favor the verdict was given remits the excess. 1925 Supplement to Compiled Laws, § 7660, ¶ 5.