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BLAZIN v. SOUTHERN PACIFIC COMPANY

No. 33178.

127 F.Supp. 20 (1954)

John BLAZIN, Plaintiff, v. SOUTHERN PACIFIC COMPANY, a corporation, Defendant.

United States District Court, N. D. California, S. D.

December 29, 1954.

Attorney(s) appearing for the Case

Nichols, Richard, Allard & Williams, by Jesse Nichols, Oakland, Cal., for plaintiff.

Dunne, Dunne & Phelps, by Michael Messner, San Francisco, Cal., for defendant.

MURPHY, District Judge.

Defendant moves for a new trial on two grounds:

1. Excessiveness of the Verdict

I recognize that the trial judge is not a mere arbiter but the question of the amount of damage is primarily for the jury. While the amount of the verdict may be relatively large, it is not so large as to shock the court's conscience or sense of justice. It will not be set aside.

2. ...

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