MAGGIORE v. SOUTHERN PAC. CO.


49 F.Supp. 473 (1943)

MAGGIORE v. SOUTHERN PAC. CO.

District Court, S. D. New York.

March 29, 1943.


Attorney(s) appearing for the Case

Samuel L. Sargent, of New York City (Samuel L. Sargent and Isaac Sargent, both of New York City, of counsel), for plaintiff.

Buland, Minor & Waterman, of New York City (Jeremiah C. Waterman, of New York City, of counsel), for defendant.


BYERS, District Judge.

Motion to set aside a verdict as excessive and for a new trial because of error in that the court expressed an opinion that the earnings of the decedent were probably in excess of those shown in his income tax returns for the four or five years before his death; and for failure to adhere to Federal Rule 51, 28 U.S.C.A. following section 723c, in refusing to allow the taking of an exception to the charge, out of the hearing of the jury.

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