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Fabrizi v. Kramer Brothers Freight Lines

decided: December 24, 1958.

NICOLA FABRIZI, ADMINISTRATOR OF THE ESTATE OF MARIA FABRIZI, DECEASED
v.
KRAMER BROTHERS FREIGHT LINES, INCORPORATED, A CORPORATION, APPELLANT.



Before KALODNER, STALEY and HASTIE, Circuit Judges.

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.

19581224

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