Byrom v. Felker

Clark, Judge.

"There comes a point where this Court should not be ignorant as judges of what we know as men,” wrote Justice Frankfurter in Watts v. Indiana, 338 U. S. 49, 52 (1949). Those words are applicable to this appeal where the jury used the Alexandrian device of cutting the Gordian knot in resolving the complexities which the veniremen faced in expressing their verdict. These complications arose from a joint trial of two suits along with a third-party action against one of the plaintiffs and the third-party defendant’s cross action. We too will use a similarly direct technique in that…