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EBSARY v. RAYMOND & WHITCOMB CO.

4 F.2d 285 (1925)

EBSARY v. RAYMOND & WHITCOMB CO.

District Court, W. D. New York.

February 9, 1925.

Attorney(s) appearing for the Case

Harlan W. Rippey, of Rochester, N. Y. (James O. Moore and Martin Clark, both of Buffalo, N. Y., of counsel), for plaintiff.

Kenefick, Cooke, Mitchell & Bass, of Buffalo, N. Y. (Thomas R. Wheeler and William M. Fay, both of Buffalo, N. Y., of counsel), for defendant.

HAZEL, District Judge.

A motion for a new trial is urged by defendant on the grounds that the court erred in its construction of the contract by which the Damascus-Jerusalem optional trip was included, in permitting proof regarding the physical condition of Mrs. Ebsary, wife of plaintiff, and that the verdict was excessive.

I have examined the various authorities cited by counsel in support of his main contentions, but in my opinion they are not applicable...

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