Verda Ross Whalen v. Phoenix Indemnity Company

TUTTLE, Circuit Judge.

This is a personal injury action by a five and ten cent store clerk, a citizen of Louisiana, against her employer’s insurer, a citizen of New York. The jury returned a verdict for the plaintiff in the .amount of $17,500, whereupon the trial court entered a judgment for defendant notwithstanding the verdict on the ground that the evidence was insufficient to support a verdict for the plaintiff, and ordered further that, should the judgment be reversed on appeal, a new trial be granted unless plaintiff enter a remittitur of $12,500, so that in that event judgment might be…