Legal Opinion · Dissent

Frederick H. Hope v. Hearst Consolidated Publications, Inc., the Hearst Corporation and Igor Cassini

Court of Appeals for the Second Circuit

Decided September 7, 1961No. 26639_1Published

1DissentLeonard P. Moore, Circuit Judge

Were this merely another case in which the damages awarded were “excessive” but not “grossly excessive” 1 or high but “not monstrous,” 2 a dissent in this case would add nothing to the literature already available on the subject or to the analyses found in the various opinions in Southern Pacific Co. v. Guthrie, 9 Cir., 1951, 186 F.2d 926 or the suggestion of power to review damages found in a recent opinion in this circuit *692(Dagnello v. Long Island R. R. Co., 2 Cir., 1961, 289 F.2d 797. Actually, such adjectives as monstrous, inordinate, outrageous and excessive are meaningless as legal…

2Cases cited9 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  3. Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
  4. Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
  5. Southern Pac. Co. v. GuthrieCourt of Appeals for the Ninth Circuit · 1951

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