ATCHISON, TOPEKA & SANTA FE RY. CO. v. HADLEY AUTO TRANSPORT

Civ. A. No. 6945.

216 F.Supp. 94 (1963)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Plaintiff, v. HADLEY AUTO TRANSPORT, a corporation, and Jacob L. Koenig, Defendants.

United States District Court D. Colorado.

April 18, 1963.


Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, Peter J. Crouse, Denver, Colo., for plaintiff.

Burnett, Watson & Horan, William P. Horan, Denver, Colo., for defendant Hadley Auto Transport.

Jacob L. Koenig; Louis J. Stuart, Pueblo, Colo., for defendant, Jacob L. Koenig, on his Counterclaim.


DOYLE, District Judge.

This case was tried to a jury on March 4, 5, 6, 7, 8 and 11, 1963. A verdict was returned in favor of the defendant Jacob L. Koenig on his counterclaim in the amount of $31,112.54. Thereafter, the plaintiff filed its motion for new trial assigning various grounds, all of which have been argued and are now submitted for decision.

The one point which has merit and which requires attention is "that the damages assessed are excessive and...

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