Opinion
No. 2845.
January 9, 1934.
Appeal from the District Court of the United States for the District of Massachusetts.
Francis P. Garland, of Boston, Mass. (Henry F. Hurlburt, Jr., Benjamin C. Perkins, and Hurlburt, Jones Hall, all of Boston, Mass., on the brief), for appellant.
Joseph N. Welch, of Boston, Mass. (Lucius E. Thayer and Hale Dorr, all of Boston, Mass., on the brief), for appellee.
Before WILSON and MORTON, Circuit Judges, and McLELLAN, District Judge.
This action of tort for libel comes here after a verdict for the appellee on the appellant's exceptions to the admission of evidence.
While a portion of the evidence so admitted was inadmissible, an examination of the whole record discloses that there was no such prejudicial error as to warrant a reversal of the judgment.
The judgment of the District Court is affirmed, with costs to the appellee.