T. O. Johnson, Individually and D/B/A Johnson Equipment Company v. Carl Colglazier and Esther Colglazier

(dissenting) :

Holding, as it correctly does, that conduct of the trial and control of the jury argument in a Federal Court is for the Federal Court and not one in which Erie-loosed or Erie-bound, the Judge must trim his sails depending on the nature of the case then being heard, the Court in sweeping terms for all time condemns the so-called unit-of-time argument with or without placard portrayal. I think the practice is neither as earthshaking as made out, or deserving of this universal condemnation. Worse, it is an abandonment of the very life of Maryland Cas. Co. v. Reid, 5 Cir., 1935, 76…