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FRASIER v. PUBLIC SERVICE INTERSTATE TRANSP. CO.

No. 118, Docket 24244.

244 F.2d 668 (1957)

Dorothy FRASIER, as Administratrix de bonis non of the Goods, Chattels and Credits which were of Leroy Walthour, Deceased, Plaintiff-Appellee. v. PUBLIC SERVICE INTERSTATE TRANSPORTATION COMPANY, Defendant-Appellant, and Michael W. Isel, Defendant.

United States Court of Appeals Second Circuit.

Decided May 3, 1957.

Attorney(s) appearing for the Case

Philip J. O'Brien, New York City (John G. Coleman and Philip J. O'Brien, Jr., New York City, on the brief), for defendant-appellant.

Levy & Harten, New York City (Abraham N. Levy and Carl K. Harten, New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

In this death action a jury in the Eastern District of New York awarded $115,000 to intestate's administratrix for the benefit of deceased's wife and children. The appellant raises three questions on appeal which in our view require discussion — first, the adequacy of the court's charge regarding negligence; second, whether the award was so excessive that the district court should have set it...

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