recognizing jury's right to "idiosyncratic position provided the challenged verdict is based on the evidence and the law"Summary of this case from Davignon v. Hodgson
No. 489, Docket 31199.
Argued May 31, 1967.
Decided June 5, 1967.
Appeal from a judgment of the United States District Court for the Southern District of New York, Edward Weinfeld, J., sitting with a jury, finding appellant negligent, and from Judge Weinfeld's opinion denying appellant's motion to set aside the verdict and direct a verdict for appellant, or order a new trial.
Daniel J. Dougherty, New York City (Charles N. Fiddler, Kirlin Campbell Keating, New York City, of counsel), for appellant.
Thomas E.P. McElligott, Fields, Rosen, McElligott Auslander, New York City, for appellee.
Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.
We affirm on the basis of Judge Weinfeld's opinion in the District Court, reported at 269 F. Supp. 731 (S.D.N.Y. 1967).
Since neither party on appeal raised the issue of maintenance and cure, we have not considered that portion of Judge Weinfeld's opinion.