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PENNSYLVANIA R. CO. v. FIDELITY & DEPOSIT CO.

No. 17540.

16 F.Supp. 902 (1936)

PENNSYLVANIA R. CO. v. FIDELITY & DEPOSIT CO. OF MARYLAND.

District Court, E. D. Pennsylvania.

November 13, 1936.

Attorney(s) appearing for the Case

George G. Chandler and Robert T. McCracken, both of Philadelphia, Pa., for plaintiff.

John Russell, Jr., William Clarke Mason, and Francis B. Bracken, all of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

The legal merits of this cause cannot be appraised without a fact statement. In making this we shall adopt the kindergarten method. The jury rendered a verdict for the plaintiff. This was on the basis that there was no defense and that the case was in consequence one of damages only. The plaintiff asked for damages aggregating in round figures $5,200,000. The verdict of the jury was for $747,663.02. The trial judge excluded items aggregating...

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