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DONOVAN V. PENN SHIPPING CO., INC., 429 U. S. 648 (1977)

U.S. Supreme Court

Donovan v. Penn Shipping Co., Inc., 429 U.S. 648 (1977)

Donovan v. Penn Shipping Co., Inc.

No. 76-613

Decided February 22, 1977

429 U.S. 648


A plaintiff in federal court, whether prosecuting a state or federal cause of action, may not appeal from a remittitur order he has accepted. Hence, where petitioner seaman in his action under the Jones Act for injuries sustained on board ship accepted "under protest" a reduced verdict when the District Court ordered a new trial on damages unless petitioner agreed to a remittitur, the Court of Appeal properly dismissed petitioner's appeal from such order on the ground that a plaintiff cannot "protest" a remittitur he has accepted in an attempt to open it to challenge on appeal.

Certiorari granted; 536 F.2d 536, affirmed.

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