NEESE v. SOUTHERN RAILWAY CO.

No. 28.

350 U.S. 77 (1955)

76 S.Ct. 131

100 L.Ed. 60

NEESE, ADMINISTRATOR, v. SOUTHERN RAILWAY CO.

Supreme Court of United States.

Decided November 21, 1955.


Attorney(s) appearing for the Case

Henry Hammer argued the cause and filed a brief for petitioner.

Sidney S. Alderman argued the cause for respondent. With him on the brief were Henry L. Walker and Frank G. Tompkins, Jr.


PER CURIAM.

We reverse the judgment of the Court of Appeals without reaching the constitutional challenge to that court's jurisdiction to review the denial by the trial court of a motion for a new trial on the ground that the verdict was excessive. Even assuming such appellate power to exist under the Seventh Amendment, we find that the Court of Appeals was not justified, on this record, in regarding the denial of a new trial, upon a remittitur of part of the verdict...

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