v0825-405

Document Title Page

J

United States Circuit Court of Appeals for the Ninth

Circuit.

No. 2284.

TRUCKEE RIVER GENERAL ELECTRIC COM-

PANY, a Corporation,

Plaintiff in Error.

vs.

    1. BENNER, as Administrator of the Estate of

CLARENCE J. BENNER, Deceased,

Defendant in Error.

Brief for Defendant in Error.

The District Court, in its opinion upon the motion for

new trial, says; "The motion for new trial is made on

thirty-four distinct grounds, only one of which appears to

have received serious attention in the briefs. This ground

is the fifth, that the verdict of the jury is excessive."

(Tr. 280). The same condition exists in this court. Here

we have twenty-three separate assignments of error; but

the only one seriously argued is the alleged excessiveness

of the damages. This is not a matter for the considera-

tion of this court upon writ of error, there being evidence


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