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FERRARI v. MOORE-McCORMACK LINES, INC.

No. 66 Civ. 4118.

294 F.Supp. 1366 (1969)

Simon FERRARI, Plaintiff, v. MOORE-McCORMACK LINES, INC., Defendant.

United States District Court S. D. New York.

January 31, 1969.

Attorney(s) appearing for the Case

Fields, Rosen, McElligott & Auslander, New York City, for plaintiff; Thomas E. P. McElligott, New York City, of counsel.

Browne, Hyde & Dickerson, New York City, for defendant; W. Mahlon Dickerson, Thomas A. Reynolds, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

The award of $175,000 is so excessive as to shock the conscience of the Court. Giving the plaintiff the benefit of maximum allowances for all items of damage, the award so far exceeds fair and reasonable compensation for damages sustained as to compel the conclusion that the verdict reflects a prejudiced rather than a reasoned appraisal of the evidence.

Plaintiff, a seaman for more than twenty years, when...

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