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191 F.2d 1022

Docket No. 6326.

Trout v. Cassco Corp.

Fourth Circuit Court of Appeals

Argued Oct. 17, 1951.

Decided Oct. 29, 1951.

Fourth Circuit Court of Appeals · decided 1951-10-29

Cited by 7 later decisions — most recently June 1966

7 federal appellate ·

2 counsel of record

Relies on Kirstner v. Atlantic Greyhound Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1951-10-29

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¶1John H. Bream, Harrisburg, Pa., and Harry Blatt, Harrisonburg, Va., for appellant.

¶2George Gilmer and Bruce D. Reynolds, Jr., Charlottesville, Va., for appellees.

¶3Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal in an action at law tried before a jury. No objections to the admission or rejection of testimony are *1023relied on, there was no request tO' direct a verdict, no exceptions were taken to the court’s charge, and no other matter is put forward which presents any question of law for our consideration. It is argued that the jury reached a wrong conclusion in its verdict; but this involves a pure question of fact which is not reviewable by us on appeal. The Seventh Amendment to the Constitution expressly provides that “no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.” There was a motion to set aside the verdict and grant a new trial; but this was a matter resting in the sound discretion of the trial judge and furnishes no basis for relief on appeal in the absence of abuse of discretion, which is not here present. See Kirstner v. Atlantic Greyhound Corp., 4 Cir., 190 F.2d 422.

¶6Affirmed.

¶7*1024J

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