DELMAR MAYFIELD, INDIVIDUALLY, AND ON BEHALF OF LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLEE,
v.
CHISHOLM-MOORE HOIST DIVISION AND COLUMBUS MCKINNON CORPORATION, DEFENDANTS-APPELLANTS
DELMAR MAYFIELD, INDIVIDUALLY, AND ON BEHALF OF LIBERTY MUTUAL INSURANCE COMPANY, PLAINTIFF-APPELLEE,
CHISHOLM-MOORE HOIST DIVISION AND COLUMBUS MCKINNON CORPORATION, DEFENDANTS-APPELLANTS
467 F.2d 483
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM:
The sole issue presented by this appeal is whether there was sufficient evidence of defendant’s negligence to submit the case to the jury.
A careful consideration of the record convinces us that there was “evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions”. Boeing Company v. Shipman, 5 Cir. 1969, 411 F. 2d 365. The district court therefore properly denied the defendant’s motions for a directed verdict and submitted the case to the jury. The judgment is
Affirmed.
Other
PER CURIAM:
The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en bane, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the petition for Rehearing En Banc is denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
De Raine O. Andry v. Farrell Lines, Inc., 478 F.2d 758 (5th Cir. 1973)
-
Hooker Chems. & Plastics Corp. v. The United States, 591 F.2d 652 (Ct. Cl. 1979)
Authorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- The Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. 1969)