Marion Steam Shovel Co. v. Bertino

GARDNER, Circuit Judge.

This is an action brought by appellees, as plaintiffs, to recover damages for personal injuries suffered by William Bertino. The parties will be referred to as they appeared below.

On the first trial of the action, the lower court, at the close of plaintiffs’ testimony, directed a dismissal on the merits, and from the judgment entered plaintiffs appealed. We reversed the judgment and remanded the cause for a new trial. Bertino v. Marion Steam Shovel Co. (C.C.A.8) 64 F.(2d) 409, 413. On retrial, plaintiff Bertino recovered judgment for $14,-000, from which defendant has…