counsel to explain this matter to the jury. Defendants contend these refusals were error on the ground that the jury's lack of knowledge that their verdict would be trebled might have caused them to render a verdict for more than the actual amount of damage in order to impose a penalty on defendants for violation of the antitrust laws.
This contention was well answered in a recent opinion by Judge Holtzoff of the United States District Court for the District of Columbia in Webster Motor Car Co. v. Packard Motor Car Co., 135 F.Supp. 4, 11:
'There was no reason for informing the jury that whatever damages they would award would be trebled, because this is a matter solely for the court. In fact, the jury might have taken such a statement as an intimation to keep the damages at a low level, in view of the fact that the amount allowed by the jury would be multiplied by three. This would have tended to defeat the purpose of the Act of Congress.
'In this connection, it must be noted that it is the practice in this jurisdiction (and also in the Eastern District of Pennsylvania) in civil cases not to give the pleadings to the jury. * * * There may be some reason for imparting the information to the jury in those districts in which it is customary to supply the pleadings to the jury in civil cases, because otherwise the jury on reading the prayer for relief might be confused by the demand for triple damages and might be perplexed by a doubt whether it was its duty to multiply the actual damages by three.'
This Court adopts the conclusion and reasoning in the above quotation from Judge Holtzoff.
Defendants also contend it was prejudicial error for the Court not to advise defendants as to which of their points would be included in the charge. At the conclusion of the testimony, counsel for defendants requested, in accordance with Rule 51 of the Federal Rules of Civil Procedure, 28 U.S.C.,
the Court advise them prior to the summation which of their requested instructions would be included in the charge. The Court advised counsel for both sides that all their requests were denied. However, in the charge itself the substance of many of defendants' requests were submitted to the jury by the Court, and some of them were submitted in the identical form requested by defendants. Defendants charge that the Court's action constituted a lack of compliance with Rule 51 and was prejudicial to the defendants, in that by not having the advice which Rule 51 intended that they should have it was most difficult for defendants' counsel to point up for the benefit of the jury many portions of their summations.
This question was discussed in Levin v. Joseph E. Seagram & Sons, Inc., 7 Cir., 158 F.2d 55, by Justice, then Circuit Judge, Minton. In the lower court the trial judge, referring to defendant's counsel's requests for instructions, replied: 'I am adopting most of them, in substance. I am not giving any instructions that are argumentative.'
Justice Minton stated, 158 F.2d at pages 57-58:
'Counsel for the defendant seemed to be satisfied. At least, he made no request for time to read the instructions (i.e., the charge) before argument, nor for a recess to thus enable him to read them.
'The court should not act arbitrarily when request is made by counsel as to the action of the court on the instructions requested and the giving of instructions generally. If counsel requests information as to the instructions and is not satisfied with the response of the court, before he can claim prejudice thereby he will have to do more than acquiesce in the court's response which he thinks unsatisfactory. Dallas Ry. & Terminal Co. v. Sullivan, 5 Cir., 108 F.2d 581, 583. He must request to see and read the instructions (i.e., the charge), and if that is denied he will then be in a position to show that he was prejudiced, if in fact he was. Certainly the defendant has not shown that the court's action in this case was prejudicial. Mere dissatisfaction with the court's response to a request for information as to the instructions the court would give in and of itself does not show that the court's action was prejudicial to the defendant.'
In the present case defendants' counsel made no request to see and read the Court's charge before they made their summations to the jury. Therefore, for the same reasons stated in the Levin case, they are in no position to claim and show prejudice resulting from the Court's general denial of all their points. Furthermore, defendants' summations show that they knew well what all the issues in the case were and that they argued all the issues at great length. No prejudice to them has been shown.
Defendants' numerous other contentions in support of its motions for judgment n.o.v. and for a new trial are also overruled, including its contentions that the conduct of plaintiffs' counsel deprived defendants of a fair trial and that there was no proof that the clearances in question resulted from a conspiracy or were unreasonable. In regard to the latter contention, there was sufficient independent proof, aside from the prima facie evidence of the Paramount decrees, to sustain a finding by the jury that the clearances resulted from a conspiracy in unreasonable restraint of trade.
Defendants' motions for judgment notwithstanding the verdict and for a new trial will be denied.