GREAT ATLANTIC & PACIFIC TEA CO. v. CHAPMAN

No. 6447.

72 F.2d 112 (1934)

GREAT ATLANTIC & PACIFIC TEA CO. v. CHAPMAN.

Circuit Court of Appeals, Sixth Circuit.

June 7, 1934.


Attorney(s) appearing for the Case

Byron Kuth of Cleveland, Ohio, and Gregor B. Moormann, of Cincinnati, Ohio (Kuth & Ehrke, of Cleveland, Ohio, on the brief), for appellant.

M. C. Harrison, of Cleveland, Ohio, and I. S. Ballard, of Akron, Ohio, for appellee.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.


ALLEN, Circuit Judge.

This is an appeal from a judgment rendered in favor of the appellee for damages for personal injury.

As a preliminary question, appellant urges that the District Court erred in overruling its second motion for new trial filed on the ground of newly discovered evidence. The granting or denial of the motion was in the sound discretion of the trial court, and is not reviewable except for clear abuse of discretion. National Surety Co. v....

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