Legal Opinion

Lopoczyk v. Chester A. Poling, Inc.

District Court, S.D. New York

Decided January 29, 1945PublishedCited by 6 opinions

1Opinion of the Court

KENNEDY, District Judge.

This is a motion to set aside a verdict in the amount of $7500. The action was based upon the Jones Act, 41 Stat. 1007, 46 U.S.C.A. § 688.

The motion to set aside is based upon two grounds: (1) That the verdict was excessive and (2) that it was error to receive in evidence an entry from the log of the vessel describing the accident. These grounds will be dealt with in the same order as they are here stated.

Defendant’s contention that the verdict is excessive is based upon a number of reported cases. There have been cases where the injuries were somewhat similar to those…

2Cases cited12 opinions

  1. Palmer v. HoffmanSupreme Court of the United States · 1943
  2. Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
  3. Jones v. Atlantic Refining Co.District Court, E.D. Pennsylvania · 1944
  4. The SandringhamDistrict Court, E.D. Virginia · 1882
  5. Claim of Anthus v. Rail Joint Co.Appellate Division of the Supreme Court of the State of New York · 1920

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

3Cited by6 opinions

  1. Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
  2. Foresman v. PepinDistrict Court, E.D. Pennsylvania · 1946
  3. Akermanis v. Sea-Land Service, Inc.District Court, S.D. New York · 1981
  4. Lopoczyk v. Chester A. Poling, Inc.Court of Appeals for the Second Circuit · 1945
  5. D'Amato v. Long Island RailroadDistrict Court, E.D. New York · 1995

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

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