Legal Opinion
Mary Green and Edwin Green, Jr. v. American Tobacco Company
Court of Appeals for the Fifth Circuit
Decided March 25, 1968No. 22435PublishedCited by 27 opinions
1Opinion of the Court
COLEMAN, Circuit Judge:
This is an appeal from a jury verdict and judgment for the defendant in the second trial of a suit on implied warranty, grounded on a prior jury finding in the same case that plaintiff’s decedent died of cancer and that smoking cigarettes was a cause thereof. For the second time, we reverse and remand for a new trial.
Nearly ten years ago, in December, 1957, Edwin Green, Sr. brought suit against the American Tobacco Company, claiming that he had incurred lung cancer as a result of smoking the defendant’s product, Lucky Strike cigarettes.
About two months after filing the…
2Cases cited24 opinions
- McKisson v. Sales Affiliates, Inc.Texas Supreme Court · 1967
- Vandenbark v. Owens-Illinois Glass Co.Supreme Court of the United States · 1941
- Neely v. Martin K. Eby Construction Co., Inc.Supreme Court of the United States · 1967
- Huddleston v. DwyerSupreme Court of the United States · 1944
- International Paper Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
19 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Eusebio M. Martinez, Father of Jacqueline M. Martinez, a Minor, Deceased v. Jose Rodriquez and Antonio Rodriquez, D/B/A Ingram Court ApartmentsCourt of Appeals for the Fifth Circuit · 1968
- Margie C. Barnes v. Atlantic & Pacific Life Insurance Company of America, a CorporationCourt of Appeals for the Fifth Circuit · 1975
- Irma Dreiling, Widow of Leo McLelland v. General Electric CompanyCourt of Appeals for the Fifth Circuit · 1975
- Standard Structural Steel Co. v. Bethlehem Steel Corp.District Court, D. Connecticut · 1984
- Mrs. John W. Allen v. The Estate of Charles Francis Carman, Mrs. Sylvia CarmanCourt of Appeals for the Fifth Circuit · 1971
22 more not listed; retrieve them via the Exa API.