Legal Opinion
Whalen v. Phoenix Indemnity Co.
District Court, W.D. Louisiana
Decided May 11, 1954No. 4132PublishedCited by 1 opinion
1Opinion of the Court
DAWKINS, Jr., Chief Judge.
This case heretofore has been considered on defendant’s motion to strike1. The identical issue involved in that motion now arises again: Is “res ipsa loquitur” applicable?
The case — a tort action- — -has been tried to a jury, which returned a verdict for plaintiff in the sum of $17,500. At the close of plaintiff’s evidence, defendant moved for a directed verdict on the ground that no negligence had been proved; and it renewed the motion at the close of all the evidence. We reserved judgment. Defendant now has moved for judgment n. o. v., and, alternatively, for a new…
2Cases cited5 opinions
- Montgomery Ward & Co. v. DuncanSupreme Court of the United States · 1940
- Dorman v. T. Smith & Son, Inc.Supreme Court of Louisiana · 1953
- Chicago, R. I. & P. R. v. McClanahanCourt of Appeals for the Fifth Circuit · 1949
- Radford v. GibertLouisiana Court of Appeal · 1943
- Whalen v. Phoenix Indemnity Co.District Court, W.D. Louisiana · 1953
3Cited by1 opinion
- Verda Ross Whalen v. Phoenix Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1955