O'Donnell v. New York Transp. Co.

Citations

• 187 F. 109
• 109 C.C.A. 29
• 1911 U.S. App. LEXIS 4492

Syllabus

<p>1. Appeal and Error (§ 1005*) — Review—Federal Courts — Denial of Motion for New Trial.</p> <p>A federal appellate court cannot review the action of a trial court in denying a motion for new trial, based on the ground that the verdict was against the weight of the evidence.</p> <p>[Ed. Note. — For other cases, see Appeal and Error, Cent Dig. §§ 8948-8951; Dee. Dig. § 1003.*]</p> <p>2. Death (§ 104*) — Action—Instructions.</p> <p>Instructions considered, in an action for wrongful death, and held to have properly submitted the issue of defendant’s negligence to the jury. tEd. Note. — For other cases, see Death, Dec. Dig. § 104.*]</p> <p>8. Trial (§ 55*) — -Exclusion of Evidence — Discretion of Court.</p> <p>In an action for wrongful death, the sustaining of objections to permitting witnesses to make drawings of the place of the accident was within the discretion of the court.</p> <p>[Ed. Note. — For other cases, see Trial. Dec. Dig. § 55.*]</p>