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MacRAE v. AFRO-AMERICAN COMPANY

Nos. 12935 and 12936.

274 F.2d 287 (1960)

Mary M. MacRAE, Plaintiff-Appellant (in 12935), v. AFRO-AMERICAN COMPANY, Defendant-Appellant (in 12936).

United States Court of Appeals Third Circuit.

Decided January 18, 1960.

Attorney(s) appearing for the Case

Laurence H. Eldredge, Philadelphia, Pa. (Francis X. Diebold, Philadelphia, Pa., on the brief), for plaintiff-appellant.

Sydney C. Orlofsky, Philadelphia, Pa. (Francis W. Sullivan, Philadelphia, Pa., on the brief), for defendant-appellant.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

We are satisfied that the trial judge had no alternative but to let this libel action go to the jury on the merits. We are also satisfied that the court did not act improperly in setting aside the punitive damage award.

The question of punitive damages was still an issue at the time the jury arrived at its verdict for compensatory damages. On this point quite rightly the jury had before it evidence of defendant's financial status. The defendant...

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