Baumann v. Maloney Concrete Co.

OPINION

HOLTZOFF, District Judge.

The plaintiff, John G. Baumann, was awarded damages by the jury, in an action for personal injuries, in the sum of $92,250, and his wife, Jane Baumann, for loss of his services and companionship, in the amount of $12,500. The defendant moves for a new trial on two grounds: first, that the Court erred in directing the jury to find for the plaintiffs and leaving only the amount of damages to be determined by the jury; and, second, that the verdicts are excessive. The Court will consider each of these two points separately.

The evidence showed the following facts.…