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HUTTON v. NORFOLK & W. RY. CO.

No. 4912.

28 F.2d 874 (1928)

HUTTON v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1928.

Attorney(s) appearing for the Case

Robert B. Newcomb, of Cleveland, Ohio (Newcomb, Newcomb & Nord, of Cleveland, Ohio, and Sawyer & Pichel, of Cincinnati, Ohio, on the brief), for plaintiff in error.

Burton P. Hollister, of Cincinnati, Ohio (Henry Bannon, of Portsmouth, Ohio, and F. M. Rivinus, of Philadelphia, Pa., on the brief), for defendant in error.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

PER CURIAM.

The assignments of error which relate to liability we cannot consider, because there was a judgment in favor of plaintiff in error for $3,500 in damages. None of such rulings complained of, if erroneous, which we do not determine, could have affected the amount of the recovery. One of the grounds for a new trial was that the damages awarded were grossly inadequate — a question addressed to the discretion of the trial court. Robinson v. Van Hooser...

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