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McMAIN v. TWOMEY

No. 8452.

368 F.2d 63 (1966)

John L. McMAIN, Appellant, v. Celine C. TWOMEY, Appellee.

United States Court of Appeals Tenth Circuit.

October 26, 1966.

Attorney(s) appearing for the Case

Arturo G. Ortega, Albuquerque, N. M. (Willard F. Kitts and William E. Snead, Albuquerque, N. M., on the brief), for appellant.

Quincy Adams, Albuquerque, N. M. (Adams & Pongetti, AlÀbuquerque, N. M., on the brief), for appellee.

Before PHILLIPS and HICKEY, Circuit Judges, and CHRISTENSEN, District Judge.

ORIE L. PHILLIPS, Circuit Judge.

McMain brought this action against Twomey to recover damages for personal injuries. The trial of the action resulted in a jury verdict in favor of McMain for $300. McMain moved for a new trial on the grounds that the verdict was grossly inadequate, the verdict was contrary to the evidence, the jury failed to follow the court's instructions, and the court erred in refusing to admit certain deposition evidence.

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