Shapiro v. Yellow Cab Co.

GANEY, District Judge.

This is a motion for a new trial under Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, by the plaintiff in an action in which she seeks damages for injuries sustained by her as the result of the alleged negligence of the defendants 1 which are common carriers. This court lias jurisdiction because diversity of citizenship exists between the parties. The case was tried before a jury which rendered a verdict for the defendants.

The motion is based on the ground that this court erroneously instructed the jury that it could not consider…