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WOOLEY v. GREAT ATLANTIC & PACIFIC TEA COMPANY

No. 13213.

281 F.2d 78 (1960)

Terrence WOOLEY, a minor by his mother and guardian, Vida Wooley Vetterly, and Vida Wooley Vetterly, mother of said minor, in her own right, Appellants, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, a New Jersey Corporation.

United States Court of Appeals Third Circuit.

Decided July 20, 1960.

Attorney(s) appearing for the Case

Morris M. Berger, Pittsburgh, Pa., for appellants.

Bruce R. Martin, Pittsburgh, Pa., for appellee (Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief).

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

KALODNER, Circuit Judge.

Did the court below abuse its discretion in denying plaintiffs' motion for a new trial based on inadequacy of the jury's verdict in their favor in their action for damages?

That is the single question presented by this appeal.

The facts are detailed in the opinion of the District Court reported at W.D. Pa., 1960, 180 F.Supp. 529. They may be summarized as follows:

On the afternoon...

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