Fletcher v. Townsend

Full caption · 2 consolidated cases

T. E. FLETCHERv.Eric B. TOWNSEND, Jr., a Minor, by his Father and Next Friend, Eric B. Townsend, Appellee. T. E
FLETCHERv.Lloyd E. BENJAMIN, III, a Minor, by Lloyd W. Benjamin, II, his Father and Next Friend

Sixth Circuit Court of Appeals

February 9, 1956.

Sixth Circuit Court of Appeals · decided 1956-02-09

2 counsel of record

Relies on Stiles v. Lawrie · 45 Ohio App. 356 - Losey v. Creamer

Opinion by Per Curiam · Decided 1956-02-09

Appeal from the United States District Court for the Northern District of Ohio, Cleveland; James C. Connell, Judge.

Hoppe, Day & Ford, Warren, Ohio, for appellant.

Craig Spangenberg, Cleveland, Ohio, for appellee.

Before ALLEN, MARTIN, and STEWART, Circuit Judges.

PER CURIAM.

¶1

In these companion cases arising out of a judgment rendered upon a jury verdict in an action for personal injuries sustained in a collision between a passenger automobile and a truck, the District Court, after oral hearing and consideration of depositions and affidavits, sustained a motion for new trial for alleged misconduct of jurors;

¶2

And it appearing that the District Court did not abuse its discretion in granting such motion; Stiles v. Lawrie, 6 Cir., 211 F.2d 188, 190; Losey v. Creamer, 45 Ohio App. 356, 187 N.E. 197.

¶3

And no reversible error appearing in the record;

¶4

The order of the District Court entered January 27, 1955, is hereby affirmed.