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BARTON v. GRIFFITH

Civ. A. No. 66-57.

253 F.Supp. 774 (1966)

R. William BARTON, as Administrator of the Estate of Edward Lewis Heath, Plaintiff, v. Robert GRIFFITH, Defendant.

United States District Court D. South Carolina, Aiken Division.

May 10, 1966.

Attorney(s) appearing for the Case

John H. Williams, Williams & Johnson, Aiken, S. C., for plaintiff.

Edward C. Cushman, Jr., Henderson, Salley, Cushman & Summerall, Aiken, S. C., for defendant.

SIMONS, District Judge.

This South Carolina wrongful death action based upon diversity jurisdiction came on for trial before the court and a jury at the April Term in the Aiken Division of this Court. The jury, on March 30, 1966, returned a verdict of Five Thousand ($5,000.00) Dollars as actual damages for the plaintiff. Judgment was entered accordingly.

The plaintiff now moves for a new trial nisi on the ground of inadequacy of the verdict, asking...

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