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Fairmount Glass Works v. Cub Fork Coal Co., 287 U.S. 474 (1933)

Fairmount Glass Works v. Cub Fork Coal Co.

No. 314

Argued November 8, 1932

Decided January 9, 1933

287 U.S. 474


1. The Circuit Court of Appeals, its rules so providing, may notice a plain error, though not assigned. P. 287 U. S. 480.

2. Where the bill of exceptions recited that a motion for a new trial had been made and overruled but omitted to state the ground of the motion, held that the omission was not fatal to review, the ground being otherwise manifested in the record. Id.

3. The rule that this Court will not review the action of a federal trial court in granting or denying a motion for a new trial for error of fact applies also to the Circuit Court of Appeals. P. 287 U. S. 481.

4. Where the evidence in an action on a contract is such that the plaintiff, if entitled to recover anything, is entitled to substantial damages, but there are issues properly before the jury going to the liability of the defendant, a verdict for the plaintiff limited to nominal damages and costs does not reveal on its face inconsistency with the duty of the jury to assess damages, and where in such case the trial court, without assigning reasons, refuses a new trial, its act cannot be held erroneous as a matter of law. P. 287 U. S. 483.

Page 287 U. S. 475

5. An exception to instructions, taken after the jury retired, is too late. P. 486.

59 F.2d 539 reversed.

District Court affirmed.

Certiorari to review the reversal of a judgment in an action for breach of contract. See also 19 F.2d 273; 33 id. 420.

Page 287 U. S. 477

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