E. L. Cheeney Company and Edmon Lewis Fregia v. Walter L. Gates, Jr.

JOHN R. BROWN, Circuit Judge.

Nothing startling, nor for that matter new, is either in or comes out of this diversity automobile collision damage suit in which we are Erie-Texas bound. As a matter of Federal Court judicial administration, the excursion proves once again, however, the wisdom of using the F.R.Civ.P. 49(a) mechanism of special interrogatories with a general charge for jury submission. Had they been used, there is a good chance that the jury would have washed out some of the asserted errors on receipt of evidence and as to basic questions of liability, the issues would have been…