SMITH v. BRADY

No. 11450.

390 F.2d 176 (1968)

Norval SMITH, Appellee, v. Thomas BRADY and Holt, Rinehart & Winston, Inc., Appellants.

United States Court of Appeals Fourth Circuit.

Decided January 12, 1968.


Attorney(s) appearing for the Case

Lester C. Hess, Jr., and John B. Garden, Wheeling, W. Va., for appellants.

Thomas R. Ceraso, Greensburg, Pa., (Scales & Shaw, Greensburg, Pa., and Ronald W. Kasserman, Wheeling, W. Va., on the brief) for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.


PER CURIAM:

The defendants in this action for personal injuries seek to vacate a judgment of $22,500 on grounds that it is excessive and the result of prejudicial references by the trial judge to the ad damnum clause of the complaint. They challenge these portions of the charge which followed proper explanation of the measure and elements of the plaintiff's damages:

"* * * (The jury may) allow such damages as * * * will be a fair and just compensation...

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