Legal Opinion
Swift & Co. v. Ellinor
Court of Appeals for the Fifth Circuit
Decided January 23, 1939No. 8856PublishedCited by 14 opinions
1Opinion of the Court
HOLMES, Circuit Judge.
In July, 1937, R. A. McKenzie was killed by an automobile operated by appellant. There were no dependents, and this action was instituted by appellee as executor of the deceased. There is a motion by appellee to dismiss or affirm, but it will be overruled and the appeal decided on its merits.
Upon the trial of the issues by the jury in the court below, a verdict and judgment in the sum of $3,500 were rendered in favor of appellee. The sole question pre*132sented for our decision on the merits is whether this amount is excessive. We therefore presume that appellant was guilty…
2Cases cited18 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Scott v. Baltimore & OR Co.Court of Appeals for the Third Circuit · 1945
- United States v. HayesCourt of Appeals for the Ninth Circuit · 1949
- Fort Worth and Denver Railway Company v. Wayne HarrisCourt of Appeals for the Fifth Circuit · 1956
- Teche Lines, Inc. v. BoyetteCourt of Appeals for the Fifth Circuit · 1940
- Reid v. NelsonCourt of Appeals for the Fifth Circuit · 1946
9 more not listed; retrieve them via the Exa API.