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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