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Zuckerman v. Berg Manufacturing and Sales Co.

279 F.2d 904 (7th Cir. 1960)
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Zuckerman v. Berg Manufacturing and Sales Co.

4 Citing cases

  1. Chicago Col. of Ost. Med. v. George A. Fuller

    719 F.2d 1335 (7th Cir. 1983)   Cited 91 times
    Finding that a low bid alone is insufficient to prove the element of knowledge required for common law fraud

    CCOM claims that the jury verdict on Counts I and IV are against the manifest weight of the evidence. In Zuckerman v. Berg Manufacturing and Sales Co., 279 F.2d 904, 905 (7th Cir. 1960), this court held that a new trial should be granted if the verdict is "wholly unwarranted and contrary to the clear preponderance or manifest weight of the evidence." On appeal, the prevailing party "is entitled to the benefit of all the facts which the evidence tends to prove and all just inference which can be drawn therefrom.

  2. Jefferson Nat. Bk. v. Ctl. Nat Bk. in Chicago

    700 F.2d 1143 (7th Cir. 1983)   Cited 47 times
    Finding that a jury's award calculated on the basis of the prime rate properly compensates the plaintiff for lost income caused by a breach of fiduciary duty

    We may set aside the verdict of the jury and the judgment of the court, and grant a new trial, only if we find the verdict wholly unwarranted and contrary to the manifest weight of the evidence. Zuckerman v. Berg Manufacturing and Sales Company, 279 F.2d 904, 905 (7th Cir. 1960). The inquiry on appeal is whether the result reached by the jury is one which is reasonable on the facts and evidence, not whether other conclusions might also have been reached.

  3. Fey v. Walston & Co.

    493 F.2d 1036 (7th Cir. 1974)   Cited 123 times
    Holding the doctrine of waiver inapplicable where plaintiff lacked the requisite intent to relinquish her rights to sue under a Federal securities statute

    As confused as some aspects of plaintiff's case may have been, we must hold that substantial credible evidence supported the verdict of the jury in favor of plaintiff, at least on the issue of liability, in view of our duty here to look to that evidence favorable to her and to resolve debatable inferences against the movants. Avern Trust v. Clarke, 415 F.2d 1238 (7th Cir. 1969), cert. denied, 397 U.S. 963, 90 S.Ct. 997, 25 L.Ed.2d 255 (1970); Zuckerman v. Berg Mfg. Sales Co., 279 F.2d 904, 905 (7th Cir. 1960); Cleary v. Indiana Beach, Inc., 275 F.2d 543 (7th Cir.), cert. denied, 364 U.S. 825, 81 S.Ct. 62, 5 L.Ed.2d 53 (1960). We reject Spira's contention that a change in appellant's theory of the case rendered the record inadequate.

  4. Blaauw v. Grand Trunk Western Railroad Company

    333 F.2d 540 (7th Cir. 1964)   Cited 4 times

    Kahn v. James Burton Co., 5 Ill.2d 614, 623, 126 N.E.2d 836, 841 (1955). Cf. Zuckerman v. Berg Mfg. Sales Co., 279 F.2d 904, 905-906 (7th Cir. 1960). However, we cannot say the verdict is against the manifest weight of the evidence because we think the jury could reasonably have found that defendant's alleged negligence was not the proximate cause of the injury.