Frasier v. Public Service Interstate Transportation Co.

LUMBARD, Circuit Judge.

In this death action a jury in the Eastern District of New York awarded $115,-000 to intestate’s administratrix for the benefit of deceased’s wife and children. *669The appellant raises three questions on appeal which in our view require discussion — first, the adequacy of the court’s charge regarding negligence; second, whether the award was so excessive that the district court should have set it aside; and third, the failure of the trial judge to grant a continuance because of the inability of defendant’s trial counsel to be present during the court’s charge.

Leroy…