PHILIP CAREY MFG. CO.

v.

DEAN, FORMER COLLECTOR

Citator

Cited By

• United Constr. Workers & United Mine Workers of Am. v. Haislip Baking Co., 223 F.2d 872 (4th Cir. 1955)
  …should have been set aside in its entirety and a complete new trial ordered. See Ford Motor Co. v. Mahone, 4 Cir., 205 F. 2d 267; Virginian Ry. Co. v. Armentrout, 4 Cir., 166 F. 2d 400; Schuerholz v. Roach, 4 Cir., 58 F. 2d 32, 34, certiorari denied 287 U.S. 623, 53 S.Ct. 78, 77 L.Ed. 541; Dimick v. Schiedt, 293 U.S. 474, 486, 55 S.Ct. 296, 79 L.Ed. 603; Brabham v. State of Mississippi, 5 Cir., 96 F. 2d 210, 213-214. It was error, therefore, to order a new trial on the issue of damages and submit that issue…
• Dr. v. Devine, 242 F.2d 828 (6th Cir. 1957)
  …of damages were, as a practical matter, so closely interwoven that if a new trial is to be granted, it should be granted in its entirety and not limited to the question of damages only. Schuerholz v. Roach, 4 Cir., 58 F. 2d 32, 34, certiorari denied 287 U.S. 623, 53 S.Ct. 78, 77 L.Ed. 541. Southern Railway Co. v. Madden, 4 Cir., 235 F. 2d 198, 204. Unless it clearly appears that the issue of damages was distinct and separable from the issue of liability, a new trial on the. issue of damages alone should no…
• Nell Williams v. Slade, 431 F.2d 605 (5th Cir. 1970)
  …d the determination of liability. Hatfield v. Seaboard Airline Railroad Company, 5 Cir. 1968, 396 F. 2d 721; Geffen v. Winer, 1957, 100 U.S.App.D.C. 286, 244 F. 2d 375; Schuerholz v. Roach, 4 Cir. 1932, 52 F. 2d 32, cert. denied, Sheurholz v. Roach, 287 U.S. 623, 53 S.Ct. 78, 77 L.Ed. 541. In Geffen v. Winer, supra, the court explained: “We have power in an appropriate case to remand only for redetermination of the amount of damages, ex- [*609] eluding from the scope of a new trial the question of liabilit…