James Clyde Ballinger v. The I. v. Sutphin Company, Atlanta, Inc.

SHACKELFORD MILLER, Jr., Circuit Judge.

The plaintiff, James Clyde Ballinger, brought this action in the District Court to recover damages for personal injuries sustained by him by reason of a fall, resulting in a fractured hip. The jury returned a verdict in his favor against the defendant-appellant, The I. V. Sutphin Company, Atlanta, Inc., for $35,000.00. On motion for a new trial, the District Judge suggested a remittitur reducing the amount to $26,000.00, which was accepted by the plaintiff, the motion for a new trial being then overruled.

The plaintiff was at the time of the accident a…