MAY v. ELLIS TRUCKING CO.

No. 12974.

243 F.2d 526 (1957)

Charlie E. MAY, Appellant, v. ELLIS TRUCKING CO., Inc., Appellee.

United States Court of Appeals Sixth Circuit.

March 6, 1957.


Attorney(s) appearing for the Case

Clarence Clifton and John B. Mack, Memphis, Tenn., for appellant.

Ferber S. Floyd (of Nelson, Norvell & Floyd), Memphis, Tenn., for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.


PER CURIAM.

In a suit for personal injuries arising from an automobile accident, appellant was awarded a jury verdict of $42,500. On motion for a new trial, the district court entered judgment for $25,000 without obtaining the consent of appellant, concluding that in view of the testimony on the extent of injury the "verdict was so excessive as to shock the conscience of the Court." There is no question under these circumstances that the trial judge had the discretionary...

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