Legal Opinion
Mulberg v. Mason & Dixon Lines, Inc.
Court of Appeals for the Second Circuit
Decided November 4, 1946No. 28, Docket 20271PublishedCited by 3 opinions
1Opinion of the Court
SWAN, Circuit Judge.
This case is the sequel of a motor accident which caused the death of the plaintiff’s intestate and the destruction of his Dodge sedan when it collided with the defendant’s tractor-trailer truck on Route No. 11, near Lexington, Virginia on January 15, 1944. Federal jurisdiction rests on diverse citizenship. The issues of negligence and contributory negligence were submitted to a jury and its verdict was for the defendant. The sole issue presented by the appeal is whether the trial court erred in refusing to give requested instructions on the “last clear chance” doctrine.
The…
2Cases cited5 opinions
- Sprinkle v. DavisCourt of Appeals for the Fourth Circuit · 1940
- Hutcheson v. MisenheimerSupreme Court of Virginia · 1938
- Dean v. Century Motors, Inc.Court of Appeals for the D.C. Circuit · 1946
- Schoen v. Western Union Telegraph Co.Court of Appeals for the Fifth Circuit · 1943
- Jerrell v. New York Cent. R. Co.Court of Appeals for the Second Circuit · 1934
3Cited by3 opinions
- Illinois Central Railroad Company v. Nathan R. Underwood and Richard M. Murray, Jr.Court of Appeals for the Fifth Circuit · 1956
- Origen C. Hall v. National Supply Company and C. J. Overby and W. H. Bland, D/B/A Service Drilling Co.Court of Appeals for the Fifth Circuit · 1959
- Swanson v. United StatesDistrict Court, S.D. New York · 1977