What is the test for setting aside a jury's verdict in a personal injury case?

MultiRegion, United States of America

The following excerpt is from Bateman v. United States, 212 F.2d 61 (9th Cir. 1954):

The jury's verdict should not be set aside for slight and inconsequential errors. It seems certain that "the error did not influence the jury, or had but very slight effect". Kotteakos v. United States, 1946, 328 U.S. 750, 764, 66 S.Ct. 1239, 1248, 90 L.Ed. 1557.

Appellants assign some eight specifications of error relating to the charge to the jury, only one of which merits consideration. Involving the single issue of intent, appellants submitted 58 requested instructions filling 33 pages of the record.5 We think the statement contained in the case of United States v. Olweiss, 2 Cir., 1943, 138 F.2d 798, 800, is particularly appropriate:

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