Frasca v. Howell, 10427

Decision Date29 May 1950
Docket Number10428.,No. 10427,10427
PartiesFRASCA v. HOWELL et al. WOLTZ v. HOWELL et al.
CourtU.S. Court of Appeals — District of Columbia Circuit

Mr. Michael J. Keane, Jr., Washington, D. C., with whom Mr. Karl Michelet, Washington, D. C., was on the brief, for appellants.

Mr. Albert E. Brault, Washington, D. C., with whom Mr. Denver H. Graham, Washington, D. C., was on the brief, for appellees Spencer Howell and Robert O. Powell.

Messrs. Thomas S. Jackson and Irving B. Yochelson, Washington, D. C., were on the brief for appellee Charles Youts. Mr. Louis M. Denit, Washington, D. C., also entered an appearance for appellee Youts.

Before EDGERTON, PROCTOR and WASHINGTON, Circuit Judges.

PROCTOR, Circuit Judge.

These appeals arise out of negligence actions for personal injuries sustained by appellants (plaintiffs) in an automobile collision. The cases were tried together before court and jury. A separate verdict was returned for each plaintiff in amounts substantially above her proven special damages. Nevertheless, plaintiffs moved for a new trial upon the ground that the verdicts were inadequate. Their appeals are based upon the court's action in overruling the motions and in denying certain requested jury instructions.

A motion for new trial is committed to the trial court's discretion. The record here reveals no abuse of that discretion in denying the motions in question; therefore, the court's disposition of them must stand. Although we may think the amounts awarded are small, they cannot be disturbed for that reason alone. It would be an unwarranted encroachment upon the province of the jury, as well as of the trial court. Fairmount Glass Works v. Cub Fork Coal Co., 1933, 287 U.S. 474, 53 S.Ct. 252, 77 L.Ed. 439; Dean v. Century Motors, Inc., 1946, 81 U.S.App.D.C. 9, 154 F.2d 201; Ramsey v. Ross, 1936, 66 App.D.C. 186, 85 F.2d 685; Washington Railway & Electric Company v. Upperman, 1918, 47 App.D.C. 219. See, generally, Miller v. Maryland Casualty Co., 2 Cir., 1930, 40 F.2d 463.

Appellant Woltz also complains of the court's refusal of requested instructions to the jury concerning the measure of damage. It is enough to point out that Rule 51 of the Federal Rules of Civil Procedure, 28 U.S.C.A. prohibits a party assigning as error "the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict, stating distinctly the...

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15 cases
  • Maher v. Isthmian Steamship Company
    • United States
    • U.S. Court of Appeals — Second Circuit
    • March 11, 1958
    ...348 U.S. 915, 75 S.Ct. 295, 99 L.Ed. 717; Capella v. Zurich General Acc. Liability Ins. Co., 5 Cir., 194 F.2d 558; Frasca v. Howell, 87 U.S.App.D.C. 52, 182 F.2d 703. But see Butler v. General Motors Corporation, 2 Cir., 240 F.2d 92. It is clear that it was not error to rule against the fir......
  • Rankin v. Shayne Brothers, Inc.
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • April 23, 1956
    ...Coca Cola Bottling Works v. Hunter, 95 U.S.App.D.C. 83, 219 F.2d 765; National Homeopathic Hospital v. Hord, supra; Frasca v. Howell, 87 U.S.App.D.C. 52, 182 F.2d 703; Dean v. Century Motors, 81 U.S.App.D.C. 9, 154 F.2d 201; Ramsey v. Ross, 66 App. D.C. 186, 85 F.2d 685; cf. Hulett v. Brins......
  • RICHMOND, F. & PR CO. v. Brooks
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • May 15, 1952
    ...error is not available to appellant. See Palmer v. Hoffman, 1943, 318 U.S. 109, 63 S.Ct. 477, 87 L.Ed. 645; Frasca v. Howell, 1950, 87 U.S.App.D.C. 52, 182 F.2d 703, 704; Ersler v. T. F. Schneider Corp., 1951, 88 U.S.App.D.C. 371, 188 F.2d 1022. But the importance to the law of the case of ......
  • Williams v. Atlantic Coast Line R. Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 17, 1951
    ...his objection." Fed.Rules Civ.Proc. rule 51, 28 U.S.C.A. Therefore those specifications of error cannot be considered. Frasca v. Howell, 87 U.S.App.D.C. 52, 182 F.2d 703. As to requested written charges 5, 6, and supplemental charge 2, the plaintiff did comply with Rule 51, supra. In our op......
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