v0825-405
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.
- 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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