112 F. Supp. 166 | N.D. Ohio | 1952
This action for personal injuries was tried before a jury which returned a verdict for plaintiff. Defendant now moves for a new trial, contending (1) that the verdict of the jury was against the weight of the evidence, and (2) that the court erred to defendant’s prejudice in refusing to admit testimony concerning a statement made by plaintiff in a hospital.
Upon trial the issues raised in this action resolved into issues of fact and it was the province of the jury to decide such questions. There was evidence of a convincing character, sufficient to support the findings of the jury. The verdict was not, in my view, against the weight of the evidence.
In any event, the excluded testimony was not wholly in conflict with the testimony of the plaintiff at the trial, so that it did not have the value for impeachment purposes that defendant now claims for it. Harmless error in the exclusion of evidence is not ground for granting a new trial or for setting aside a verdict. Rule 61, Fed. Rules Civ.Proc., 28 U.S.C.A.
Motion denied.