United States v. Harue Hayashi

In this wrongful death action against the United States growing out of a fatal automobile accident, judgment in the sum of $167,505 was entered for Mrs. Hayashi and her five daughters. The United States appeals on the question of damages only. It is contended specifically that there is no foundation in the evidence for some of the awards; that as to one of the awards the amount should have been reduced to take account of social security payments; and that the amount of certain awards should have been reduced to present value.

Appellees have moved to dismiss the appeal. It is their contention that since there was no motion for a new trial the amount of the awards may not be questioned here. Several decisions of the courts of Hawaii, where this action arose and was tried, are cited in support of the motion to dismiss.

The determination of whether an appellant in the United States Court of Appeals has preserved for review the asserted errors upon which he relies is governed by the Federal Rules of Civil Procedure, 28 U.S.C.A., and federal decisional law. Morgan Electric Co. v. Neill, 9 Cir., 198 F.2d 119, 122 . In federal practice any question which has been presented to the trial…