Nicola Fabrizi, Administrator of the Estate of Maria Fabrizi, Deceased v. Kramer Brothers Freight Lines, Incorporated, a Corporation, Appellant, 261 F.2d 594 (3d Cir. 1958)

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US Court of Appeals for the Third Circuit - 261 F.2d 594 (3d Cir. 1958) Argued December 5, 1958
Decided December 24, 1958

Appeal from the United States District Court for the Western District of Pennsylvania; Wallace S. Gourley, Judge.

William A. Challener, Jr., Pittsburgh, Pa., for appellant.

James P. McArdle, Pittsburgh, Pa. (James E. McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER, STALEY and HASTIE, Circuit Judges.


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.