VANNOY v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY

No. 71-1784.

462 F.2d 186 (1972)

Grace K. VANNOY, Plaintiff-Appellee, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 30, 1972.


Attorney(s) appearing for the Case

B. E. Longo (argued), of Moulton, Bellingham, Longo & Mather, Billings, Mont., for defendant-appellant.

John Davidson (argued), Charles A. Bradley, of Kurth, Jones, Davidson, Calton & Bradley, P. C., Billings, Mont., for plaintiff-appellee.

Before HAMLIN, HUFSTEDLER and GOODWIN, Circuit Judges.


PER CURIAM:

In a jury trial in the United States District Court for the District of Montana, appellee was awarded damages in the sum of $75,000.00 against appellant railroad company for injuries she received while a passenger on the railroad, which injuries aggravated her prior spinal condition.

In a motion for a new trial appellant alleged that the court had erred in giving instructions on "punitive and exemplary damages" and that the verdict was excessive...

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