BALLINGER v. I. V. SUTPHIN COMPANY, ATLANTA, INC.

No. 15511.

332 F.2d 436 (1964)

James Clyde BALLINGER, Plaintiff-Appellee, v. The I. V. SUTPHIN COMPANY, ATLANTA, INC., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 1, 1964.


Attorney(s) appearing for the Case

H. H. McCampbell, Jr., Knoxville, Tenn. (Green, Webb & McCampbell, Knoxville, Tenn., of counsel), for appellant.

Charles D. Mounger, Jr., Knoxville, and Dexter A. Christenberry, Knoxville, Tenn. (Christenberry & Johnson, Knoxville, Tenn., of counsel), for appellee.

Before MILLER, CECIL and EDWARDS, Circuit Judges.


SHACKELFORD MILLER, Jr., Circuit Judge.

The plaintiff, James Clyde Ballinger, brought this action in the District Court to recover damages for personal injuries sustained by him by reason of a fall, resulting in a fractured hip. The jury returned a verdict in his favor against the defendant-appellant, The I. V. Sutphin Company, Atlanta, Inc., for $35,000.00. On motion for a new trial, the District Judge suggested a remittitur...

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