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TAYLOR v. McCOWAT-MERCER PRINTING CO.

No. 4.

27 F.Supp. 880 (1939)

TAYLOR v. McCOWAT-MERCER PRINTING CO.

District Court, W. D. Tennessee, E. D.

June 13, 1939.

Attorney(s) appearing for the Case

Murchison & Manhein and David P. Murray, all of Jackson, Tenn., and Joe C. Davis, of Lexington, Tenn., for plaintiff.

W. G. Timberlake and Barham & Heiskell, all of Jackson, Tenn., and Winchester & Bearman, of Memphis, Tenn., for defendant.

MARTIN, District Judge.

In this tort action for death by wrongful act, the administrator was awarded $7,500 damages by jury verdict; and judgment thereon has been entered.

A motion for a new trial is now presented, embracing also a motion, under Rule 50(b), Civil Procedure, 28 U.S.C.A. following section 723c, to set aside the jury verdict and judgment, and to grant defendant's motion for a directed verdict.

The substantial questions are: (1) Did the...

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