U.S. Court of Appeals for the Third Circuit, 1955

George C. Magee v. General Motors Corporation

George C. Magee v. General Motors Corporation
U.S. Court of Appeals for the Third Circuit · Decided April 14, 1955 · Maris, Goodrich, Kal-Odner
220 F.2d 270 (Federal Reporter, Second Series)

George C. Magee v. General Motors Corporation

Opinion

PER CURIAM.

This case was here before on the defendant’s appeal from the refusal of its motion for a new trial.. 3 Cir., 213 F.2d 899. We remanded it to the district, court to reconsider the motion in the light of its view of the weight of the *271 evidence and all other relevant factors. The district court did so and again denied the motion for a new trial. 124 F.Supp. 606. On this appeal from that decision the defendant, conceding that there was evidence to support the verdict, still urges that it was nonetheless against the weight of the evidence. But this argument, which was available to him in the district court, is not open to him here since we may not reverse upon that ground a judgment of a district court entered upon a verdict. Miller v. United States, 3 Cir., 1943, 137 F.2d 592, 594.

The judgment of the district court will be affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.