O. J. Lewis Mercantile Co. v. Klepner
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by Annie Klepner against the O. J. Lewis Mercantile Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action by Annie Klepner against the O. J. Lewis Mercantile Company. Judgment for plaintiff, and defendant brings error. On writ of error to the Circuit Court of the United States for the Southern District of New York to review a judgment entered on the verdict of a jury in favor of the plaintiff for $1,649.05. The interest and costs, amounting to $881.98, made the total amount of the judgment $2,531.03, which was entered November 11, 1908. Upon a former trial a verdict was directed in favor of the…
1Opinion of the Court
COXE, Circuit Judge.
On the former trial the court directed a verdict for the defendant. This court decided that the testimony warranted a submission of the controversy to the jury and every disputed question of fact was so submitted at the trial now under review. No serious contention based upon the merits can be urged against the verdict. Unquestionably the conduct of the defendant in sacrificing the plaintiff’s property damaged her in at least the sum found by the jury. This fact, coupled with the additional fact that the litigation has already extended over a period of more than six years…
2Cases cited3 opinions
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Washington County v. WilliamsCourt of Appeals for the Eighth Circuit · 1901
- Peeler v. LathropCourt of Appeals for the Fifth Circuit · 1891
3Cited by14 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Goldstone v. PayneCourt of Appeals for the Second Circuit · 1938
- Home Life Ins. Co. v. SippCourt of Appeals for the Third Circuit · 1926
- Haney v. WilcheckDistrict Court, W.D. Virginia · 1941
- Central Commercial Co. v. Jones-Dusenbury Co.Court of Appeals for the Seventh Circuit · 1918
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