FRANK v. LONG ISLAND RAILROAD COMPANY

Civ. No. 16967.

157 F.Supp. 842 (1958)

Adam J. FRANK, Plaintiff, v. The LONG ISLAND RAILROAD COMPANY, Defendant.

United States District Court E. D. New York.

January 10, 1958.


Attorney(s) appearing for the Case

Otto M. Buerger, New York City, for defendant, by James A. Treanor, Jr., New York City, of counsel, for the Motion.

Morris L. Morse, New York City, for plaintiff, by Isidore Halpern, Brooklyn, N. Y., of counsel, in opposition.


RAYFIEL, District Judge.

The trial of the above-entitled action, in which liability was conceded by the defendant, consumed about eight days, and resulted in a verdict by a jury in favor of the plaintiff in the sum of $145,000.

The defendant has moved under Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for a new trial, basing its right thereto on the following grounds:

1. that the verdict of the jury was excessive.

2. that it...

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