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Donovan (P) was a seaman on the SS Penn-Sailor. P slipped on wet paint and injured his right wrist and elbow. P sued D under the Jones Act, 46 U.S.C. 688 and got a $90,000 verdict. D moved under Rule 50 and 59 to set aside the verdict as excessive. The court ordered remittitur to $65,000 or a new trial on the damages. P accepted under protest and appealed. The court of appeals dismissed the appeal. The Supreme Court granted certiorari.

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