Farris v. Interstate Circuit, Inc. , 116 F.2d 409 ( 1941 )

SIBLEY, Circuit Judge

(dissenting).

Under the instructions of the court the jury were first to determine whether there was negligence and liability; and if so, what the damages suffered were. The evidence objected to related only to the first issue. On that issue the plaintiff, the objector, won. The jury rejected the evidence which the judge should have rejected. If there was error on the judge’s part it was clearly harmless.

The extent and permanence of the injury were hotly disputed. The damages fixed by the jury are well authorized by the evidence on that issue. I do not think cause for a new trial is shown.