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SMITH v. McNULTY

No. 18741.

293 F.2d 924 (1961)

Walter Scott SMITH, Appellant, v. Edward A. McNULTY, Appellee.

United States Court of Appeals Fifth Circuit.

September 1, 1961.

Attorney(s) appearing for the Case

James A. Smith, Joseph Anthony Reinert, Miami, Fla. (Wicker, Smith, Blomqvist, Hinckley & Davant and Robert King High, Miami, Fla.), for appellant.

Jackson L. Peters, Miami, Fla. (Knight, Smith, Underwood & Peters, Miami, Fla., of counsel), for appellee.

Before TUTTLE, Chief Judge, and CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

This appeal presents the questions whether the awards by the jury in this personal injury suit of $37,500.00 compensatory damages and $20,000.00 punitive damages are excessive as a matter of law.1 Although initially denying, in his answers to interrogatories, that he had been involved in any collision at all, the appellant, at the opening of the trial, admitted the liability of appellant for compensatory damages...

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