278 F. 927 | 9th Cir. | 1922
(after stating the facts as above).
Error is assigned to the denial of the defendant’s motion for an instructed verdict. It is contended that the motion should have been allowed for the reason that the ladder was a simple tool, and that the risk of injury from any defects therein was assumed by the plaintiff. Several cases are cited to the proposition that a ladder is a simple tool, and is in the class of tools with respect to which the master is not liable under the rule that where a tool is
But it is urged that on the morning of the day on which the plaintiff was injured, the superintendent of the
It is assigned as error that the court below overruled the defendant’s motion to set aside the verdict and grant a new trial, and it is urged in the defendant’s briefs that the amount of the verdict is grossly .excessive. But it is so well settled as to require no citation of authorities that in a federal appellate court the ruling of a trial court on a motion for a new trial is not assignable as error. Nor can the question of the amount of damages assessed by a jury be re-examined in an appellate court. Phœnix Ry. Co. v. Landis, 231 U.S. 581, 34 S.Ct. 179, 58 L.Ed. 377; St. Louis & Iron M. T. Ry. Co. v. Craft, 237 U.S. 661, 35 S.Ct. 704, 59 L.Ed. 1160; Lincoln v. Power, 151 U.S. 436, 14 S.Ct. 387, 38 L.Ed. 224.
The judgment is affirmed.