Italian Star Line, Inc. v. United States Shipping Board Emergency Fleet Corp.

(after stating the facts as above).

It is urged by the appellant that under the doctrine of Slocum v. New York Life Ins. Co., 228 U. S. 364, 33 S. Ct. 523, 57 L. Ed. 879, the trial court had no power to dismiss the complaint after the jury had returned a verdict for the plaintiff; that the most which could be done was to set aside the verdict and declare a new trial. The procedure complained of would clearly be authorized in the state courts. Bail v. N. Y., N. H. & H. R. R. Co;, 201 N. Y. 355, 94 N. E. 863; Fitzgerald v. Colt-Stewart Motor Co., 231 App. Div. 176, 246 N. Y. S. 535; New York…