Josephine Ann Sleek, in No. 14,166 v. J. C. Penney Company, Inc., a Delaware Corporation, in No. 14,167

BIGGS, Chief Judge.

Jurisdiction in the case at bar is based on diversity of citizenship and, after a jury trial, the suit resulted in a judgment in favor of the plaintiff, Mrs. Josephine Ann Sleek, against the defendant, J. C. Penney Co., Inc., in the amount of $10,-000. Both parties have appealed. The plaintiff asserts that the amount of the jury’s verdict was reduced because of the errors and the improper actions of the trial judge as set out hereinafter. The latter charge constitutes a most serious accusation. Penney insists that there was not sufficient evidence to support a verdict…