(Download) "Smith v. Boggia" by United States Court Of Appeals Second Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Boggia
- Author : United States Court Of Appeals Second Circuit
- Release Date : January 19, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
This is an action to recover damages for personal injuries sustained in an automobile collision. Federal jurisdiction rests on diversity of citizenship. The jury returned a verdict for the defendants. Two errors are asserted by the appellant. One of them, the contention that the verdict is entirely unzupported by evidence, is not available to him. It is settled law that under federal practice an appellate court will not consider the sufficiency of the evidence in the absence of a request for a directed verdict. Flint v. Youngstown Sheet & Tube Co., 2 Cir., 143 F.2d 923, 924; Ring v. Authors League of America, 2 Cir., 186 F.2d 637, 641, certiorari denied 341 U.S. 935, 71 S. Ct. 854, 95 L. Ed. 1363. The plaintiff made no such request. But for his consolation we may say that were the question before us we should hold the evidence adequate. The jury might well have found contributory negligence.
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