McMAHON v. PENNSYLVANIA R. CO.


24 F.Supp. 154 (1938)

McMAHON v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

July 5, 1938.


Attorney(s) appearing for the Case

Samuel Edelstein, of New York City, for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City, for defendant.


BYERS, District Judge.

Decision was reserved upon defendant's motion to dismiss at the close of the entire case, and upon the motion to set aside the verdict after it had been returned by the jury in plaintiff's favor for $7,500.

Mere failure to agree with the finding of the jury on the merits would not justify granting either motion, and after reconsideration of the testimony I still incline to the view that there was such a conflict in testimony, as to the...

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