Legal Opinion

Bertha Rosiello and Carl Rosiello, Her Husband v. C. Arthur Sellman and C. A. Siemann, Individually and D/B/A Green Thumb Garden Center

Court of Appeals for the Fifth Circuit

Decided December 13, 1965No. 22203PublishedCited by 23 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

This is an appeal from a judgment based on a jury verdict finding appellees guilty of negligence and awarding appellants damages of $7,000. Appellants complain of the trial judge’s refusal to grant a new trial solely on the issue of damages, asserting that the damages assessed by the jury are so grossly inadequate as to be incorrect as a matter of law, and contend that the trial judge abused his discretion in restricting summation at the close of trial to thirty minutes per side. We hold against appellants on both arguments and affirm.

The refusal to grant a new trial,…

2Cases cited13 opinions

  1. George W. Whiteman v. Elsoyd PitrieCourt of Appeals for the Fifth Circuit · 1955
  2. Indamer Corporation v. C. H. CrandonCourt of Appeals for the Fifth Circuit · 1954
  3. Sunray Oil Corporation v. G. T. AllbrittonCourt of Appeals for the Fifth Circuit · 1951
  4. Alexander Silverman and Mrs. Ethel Silverman v. Travelers Insurance Company and David A. LarsonCourt of Appeals for the Fifth Circuit · 1960
  5. Complete Auto Transit, Inc. v. Deroy FloydCourt of Appeals for the Fifth Circuit · 1958

8 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Robert Lee Wilson v. Irvin T. Taylor, as Acting Chairman and Examiner, Civil Service Board, Winter Park, FloridaCourt of Appeals for the Eleventh Circuit · 1984
  2. Cornelia O'COnnOr Grey, James Charles Grey and Michael Carter Grey v. First National Bank in DallasCourt of Appeals for the First Circuit · 1968
  3. Willace Bridges and Wife, Ruby Bridges v. Groendyke Transport, Inc. And Frank GorsuchCourt of Appeals for the Fifth Circuit · 1977
  4. William C. Hatfield v. Seaboard Air Line Railroad Company, Seaboard Air Line Railroad Company v. William C. HatfieldCourt of Appeals for the Fifth Circuit · 1968
  5. In Re Air Crash Disaster Near New Orleans, Louisiana On July 9, 1982.Court of Appeals for the Fifth Circuit · 1985

18 more not listed; retrieve them via the Exa API.

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