Creagh v. United Fruit Co.

CONGER, District Judge.

Plaintiff moves for a new trial, pursuant to Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that the verdict of the jury in the above matter was against the weight of evidence and on the further ground that the court erred in its charge to the jury.

Defendant opposes, on the ground (a) that plaintiff’s counsel did not at the time the jury was charged or when parts of the charge were later read to the jury at their request, object to the charge or take exception to any part of the charge; and (b) that the doctrine of res ipsa loquitur, alleged…