Legal Opinion · Concurrence

Sunray Oil Corporation v. G. T. Allbritton

Court of Appeals for the Fifth Circuit

Decided April 26, 1951No. 13148_1Published

1ConcurrenceHutcheson, Chief Judge

While I concur fully in the order overruling the motion for rehearing, in view of the statement in appellant’s motion that the failure of the Court to state its views on the issue of the claimed excessiveness of the verdict has left them in doubt as to their proper course, I have concluded to briefly state my own views.

1. The action of the district judge in refusing to relieve against the verdict as excessive is, unreviewable by this court if the verdict is excessive only in fact, reviewable if it is excessive in law.

2 Whether, in the opinion of the district judge, a verdict is excessive as…

2Cases cited10 opinions

  1. Barry v. EdmundsSupreme Court of the United States · 1886
  2. Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
  3. Southern Pac. Co. v. GuthrieCourt of Appeals for the Ninth Circuit · 1951
  4. Southern Pac. Co. v. GuthrieCourt of Appeals for the Ninth Circuit · 1950
  5. Cobb v. LepistoCourt of Appeals for the Ninth Circuit · 1925

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