EMPLOYERS CASUALTY COMPANY, APPELLANT,
v.
AUGUST E. DUPAQUIER, APPELLEE
EMPLOYERS CASUALTY COMPANY, APPELLANT,
AUGUST E. DUPAQUIER, APPELLEE
338 F.2d 336
Court of Appeals for the Fifth Circuit (1964)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Such inconsistencies as existed between the answer to the special interrogatory and the jury’s general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F. 2d 582. 5 Moore, Fed. Prac. ¶ 49.04 at p. 2211.
The judgment is affirmed.
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Ludwig v. Marion Labs., Inc., 465 F.2d 114 (8th Cir. 1972)
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- Jefferson v. Taiyo Katun, 310 F.2d 582 (5th Cir. 1962)