U.S. Court of Appeals for the Third Circuit, 1958

Nicola Fabrizi, Administrator of the Estate of Maria Fabrizi, Deceased v. Kramer Brothers Freight Lines, Incorporated, a Corporation

Nicola Fabrizi, Administrator of the Estate of Maria Fabrizi, Deceased v. Kramer Brothers Freight Lines, Incorporated, a Corporation
U.S. Court of Appeals for the Third Circuit · Decided December 24, 1958 · Kalodner, Staley, Hastie
261 F.2d 594 (Federal Reporter, Second Series)

Nicola Fabrizi, Administrator of the Estate of Maria Fabrizi, Deceased v. Kramer Brothers Freight Lines, Incorporated, a Corporation

Opinion

PER CURIAM.

The single issue presented by this appeal is whether the District Court abused its discretion in refusing to grant a new trial on the ground that the verdicts returned by a jury were grossly excessive. There is no indication that the District Court acted arbitrarily or that it failed to exercise its discretion in a judicial manner. As we stated in Lebeck v. William A. Jarvis, Inc., 3 Cir., 1957, 250 F.2d 285, 288: “ * * * that is the extent of our concern as a reviewing court.” See also Brest v. Philadelphia Transportation Co., 3 Cir., 1954, 216 F.2d 331 and Trowbridge v. Abrasive Co. of Philadelphia, 3 Cir., 1951, 190 F.2d 825.

The judgment of the District Court, 162 F.Supp. 276, will be affirmed.

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