Lois Hemmerle v. Riggs Dairy Express, Inc.

Third Circuit

Lois Hemmerle v. Riggs Dairy Express, Inc.

354 F.2d 661

Court of Appeals for the Third Circuit·Decided January 19, 1966·No. 15390_1·Published

Opinion

PER CURIAM.

We find no abuse of discretion in the trial court’s decision with reference to appellant’s pretrial memorandum. Appellant also argues that part of the second of three different hospital records should have been allowed into evidence. That proposed evidence was cumulative as the trial court found. In any event in the light of plaintiff’s damage proofs which were in evidence and the $12,000. verdict in favor of the plaintiff, the harm, if any, to plaintiff was de minimis; certainly the court’s action was not reversible error.

The judgment of the district court will be affirmed.

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PER CURIAM.

We find no abuse of discretion in the trial court’s decision with reference to appellant’s pretrial memorandum. Appellant also argues that part of the second of three different hospital records should have been allowed into evidence. That proposed evidence was cumulative as the trial court found. In any event in the light of plaintiff’s damage proofs which were in evidence and the $12,000. verdict in favor of the plaintiff, the harm, if any, to plaintiff was de minimis; certainly the court’s action was not reversible error.

The judgment of the district court will be affirmed.

Lois Hemmerle v. Riggs Dairy Express, Inc., 354 F.2d 661 (3d Cir. 1966).

Pincite

354 F.2d 661 (Lois Hemmerle v. Riggs Dairy Express, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.