CREAGH v. UNITED FRUIT COMPANY


178 F.Supp. 301 (1959)

Marie M. CREAGH, Administratrix of the Estate of Raymond C. Creagh, also known as Raymond Creagh and Robert Creagh, Deceased, Plaintiff, v. UNITED FRUIT COMPANY, Defendant.

United States District Court S. D. New York, Civil Division.

March 6, 1959.


Attorney(s) appearing for the Case

Mortimer Schulman, New York City, for plaintiff, Cantor & Opper, Manfred Ohrenstein, New York City, of counsel.

Thomas H. Walker, New York City, for defendant, William J. O'Brien, New York City, of counsel.


CONGER, District Judge.

Plaintiff moves for a new trial, pursuant to Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that the verdict of the jury in the above matter was against the weight of evidence and on the further ground that the court erred in its charge to the jury.

Defendant opposes, on the ground (a) that plaintiff's counsel did not at the time the jury was charged or when parts of the charge were later read to the jury...

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