DONOVAN V. PENN SHIPPING CO., INC., 429 U. S. 648 (1977)

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U.S. Supreme Court

Donovan v. Penn Shipping Co., Inc., 429 U.S. 648 (1977)

Donovan v. Penn Shipping Co., Inc.

No. 76-613

Decided February 22, 1977

429 U.S. 648


A plaintiff in federal court, whether prosecuting a state or federal cause of action, may not appeal from a remittitur order he has accepted. Hence, where petitioner seaman in his action under the Jones Act for injuries sustained on board ship accepted "under protest" a reduced verdict when the District Court ordered a new trial on damages unless petitioner agreed to a remittitur, the Court of Appeal properly dismissed petitioner's appeal from such order on the ground that a plaintiff cannot "protest" a remittitur he has accepted in an attempt to open it to challenge on appeal.

Certiorari granted; 536 F.2d 536, affirmed.

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