MORGENWECK v. LEAHY

No. 75, Docket 31397.

384 F.2d 710 (1967)

Anna A. MORGENWECK, Executrix under the Will of Margaret Fredenburg, Plaintiff, v. John W. LEAHY, Defendant.

United States Court of Appeals Second Circuit.

Decided October 24, 1967.


Attorney(s) appearing for the Case

William A. Phillips, Hirschberg, Pettengill & Strong, Greenwich, Conn., Donald F. Flynn, New York City, for appellant.

Arnold J. Bai, Elaine S. Amendola, L. Douglas Shrader, Bridgeport, Conn., for appellee.

Before WATERMAN, HAYS and FEINBERG, Circuit Judges.


PER CURIAM:

In this negligence action founded upon diversity jurisdiction a jury returned a verdict for the defendant. Prior to the entry of judgment thereon plaintiff-executrix timely moved to have the verdict set aside and for a new trial. The trial judge considered the motion for over six weeks and then denied it. We affirm this disposition. The judge properly exercised his discretion.

The action arose from the circumstance that plaintiff's decedent, Margaret...

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