Opinion · Court of Appeals for the D.C. Circuit
Bernad Geffen v. Henry Winer and Louis Winer, Appelless
244 F.2d 375
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1957-05-02
- Topic
- general
How later courts describe this case
- value of time lost from employment appropriate element of damages even if plaintiff continues to receive salary
Citator
UpLaw has not yet analyzed Bernad Geffen v. Henry Winer and Louis Winer, Appelless. The absence of a flag is not a finding that it is good law.
- Cited by
- 19 opinions
GEFFEN v. WINER,244 F.2d 375(D.C. Cir. 1957)
Bernard GEFFEN, Appellant, v. Henry WINER and Louis Winer, Appellees.
No. 13561.
United States Court of Appeals, District of Columbia Circuit.
Argued April 15, 1957.
Decided May 2, 1957.
Page 376
Mr. Richard W. Galiher, Washington, D.C., with whom Messrs. William E. Stewart, Jr., and Julian H. Reis, Washington, D.C., were on the brief, for appellees.
Before EDGERTON, Chief Judge, and FAHY and BURGER, Circuit Judges.
Within the principles laid down by this Court in Hudson v. Lazarus, 95 U.S.App.D.C. 16,217 F.2d 344,1the denial of the requested instruction was error which requires reversal, notwithstanding appellant was paid the amount of his salary for the period he was unable to work.2
We have power in an appropriate case to remand only for redetermination of the amount of damages, excluding from the scope of a new trial the question of liability, see Washington Gas Light Co. v. Connolly, 94 U.S.App. D.C. 156,214 F.2d 254, and cases there cited. But our power in this regard is to be exercised with caution and not when the error which necessitates a new trial is in respect of a matter which might well have affected the jury's determination of other issues. Cf. Thompson v. Camp, 6 Cir.,167 F.2d 733. Here it appears from the record as a whole that the interests of justice will be best served by a new trial on all issues. For this reason the judgment is
Reversed and the case remanded for a new trial.Page 377
- See, also, Siebrand v. Gossnell, 9 Cir.,234 F.2d 81,95; Shea v. Rettie,287 Mass. 454,192 N.E. 44, 95 A.L.R. 571; Motts v. Michigan Cab Co.,274 Mich. 437,264 N.W. 855; Cooney v. Hughes,310 Ill. App. 371,34 N.E.2d 566. ↩
- Appellant as a member of the Metropolitan Police Department of the District of Columbia, which continued his salary something more than 20 weeks until he returned to duty. ↩