Neese v. Southern Railway Co.
Cases that cite this one
120 later published cases cite this decision. The 25 that cite it most often are listed here.
- Grunenthal v. Long Island Rail Road (Supreme Court of the United States 1968)
- Dr. v. J. Devine, and Cross-Appellee v. James S. Patteson, Jr., and Cross-Appellant (6th Cir. 1957)
- Ruiz v. New Garden Township (3d Cir. 2004)
- Ruiz v. New Garden Township (3d Cir. 2004)
- Gasperini v. Center for Humanities, Inc. (Supreme Court of the United States 1996)
- Gulf, Colorado & Santa Fe Railway Company v. Deen (Tex. 1958)
- the Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. Academy of Careers and Technologies, Inc. D/B/A Academy of Careers and Technologies Charter School (Tex. App. 2015)
- People v. Jones (Mich. 2014)
- Steel Co. v. Citizens for a Better Environment (Supreme Court of the United States 1998)
- State v. Korzuch (Ariz. 1996)
- Sarah Anne Williams Wayne Williams, on Behalf of Their Minor Son, John Williams v. The School District of Bethlehem, Pa (3d Cir. 1993)
- Browning-Ferris Industries Of South Jersey, Inc. v. William J. Muszynski (2d Cir. 1990)
- Browning-Ferris Industries of South Jersey, Inc. v. Muszynski (2d Cir. 1990)
- Ford v. United States (D.C. 1987)
- Vassiliades v. Garfinckel's, Brooks Bros. (D.C. 1985)
- People v. Ricky Smith (Mich. Ct. App. 1978)
- Willace Bridges and Wife, Ruby Bridges v. Groendyke Transport, Inc. And Frank Gorsuch (5th Cir. 1977)
- Texas Antiquities Committee v. Dallas County Community College District (Tex. 1977)
- Donald Edward Allen v. Louis S. Aytch, Individually and as Superintendent or Director of Philadelphia County Prisons (3d Cir. 1976)
- Kent County Prosecutor v. Robert Emmett Goodrich Corp. (Mich. 1976)
- Siamack Zaimi v. United States (D.C. Cir. 1973)
- Fireman's Fund Insurance Company, a Corporation v. Aalco Wrecking Company, Inc., a Corporation (8th Cir. 1972)
- United States v. United States District Court for the Eastern District of Michigan, Southerndivision and Honorable Damon J. Keith (6th Cir. 1971)
- United States v. Pipefitters Local Union No. 562, Etc. (8th Cir. 1970)
- Woodman J. Collins v. Victor G. Walker, Warden, Louisiana State Penitentiary, Angola, Louisiana (5th Cir. 1964)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
We reverse the judgment of the Court of Appeals without reaching the constitutional challenge to that court’s jurisdiction to review the denial by the trial court of a motion for a new trial on the ground that the verdict was excessive. Even assuming such appellate power to exist under the Seventh Amendment, we find that the Court of Appeals was not justified, on this record, in regarding the denial of a new trial, upon a remittitur of part of the verdict, as an abuse of discretion. For apart from that question, as we view the evidence we think that the action of the trial court was not without support in the record, and accordingly that its action should not have been disturbed by the Court of Appeals.
*78 We need not consider respondent’s contention that only the jurisdictional question was presented by the petition for certiorari, for in reversing on the above ground we follow the traditional practice of this Court of refusing to decide constitutional questions when the record discloses other grounds of decision, whether or not they have been properly raised before us by the parties. See Peters v. Hobby, 349 U. S. 331, 338; Alma Motor Co. v. Timken-Detroit Axle Co., 329 U. S. 129, 132, 136, 142.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.