Legal Opinion

Employers Casualty Company v. August E. Dupaquier

Court of Appeals for the Fifth Circuit

Decided November 20, 1964No. 21232PublishedCited by 11 opinions

1Per curiam

Such inconsistencies as existed between the answer to the special interrogatory and the jury’s general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F.2d 582. 5 Moore, Fed. Prac. ¶ 49.04 at p. 2211.

The judgment is affirmed.

2Cases cited1 opinion

  1. William H. Jefferson v. Taiyo Katun, K. K.Court of Appeals for the Fifth Circuit · 1962

3Cited by11 opinions

  1. Tennessee Consolidated Coal Company and Grundy Coal Company v. United Mine Workers of AmericaCourt of Appeals for the Sixth Circuit · 1969
  2. Mrs. Harvey Stancill v. McKenzie Tank Lines, Inc., and Carriers Insurance CompanyCourt of Appeals for the Fifth Circuit · 1974
  3. Donald E. Ludwig v. Marion Laboratories, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1972
  4. Thomas D. Cundiff v. Virginia Lee WashburnCourt of Appeals for the Seventh Circuit · 1968
  5. McCue v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1976

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