Legal Opinion

Vaughan v. Southern Bakeries Company

District Court, D. South Carolina

Decided November 10, 1965No. Civ. A. 8456PublishedCited by 8 opinions

1Opinion of the Court

ROBERT W. HEMPHILL, District Judge.

Defendant moves for a new trial and judgment non obstante veredicto upon the jury’s award of $69,420.00 to plaintiff in a personal injury action.

The first basis of defendant’s motion is:

that the only reasonable inference to be drawn from the evidence in the entire case was that the plaintiff himself was guilty of contributory negligence and even wilfulness by admittedly proceeding into a dangerous intersection without exercising any care or caution when he actually saw and knew that the defendant’s truck was approaching from his left and was not stopping and…

2Cases cited24 opinions

  1. Towne v. EisnerSupreme Court of the United States · 1918
  2. ætna Casualty & Surety Co. v. YeattsCourt of Appeals for the Fourth Circuit · 1941
  3. Virginian Ry. Co. v. ArmentroutCourt of Appeals for the Fourth Circuit · 1948
  4. Standard Oil Company of California v. Clyde A. PerkinsCourt of Appeals for the Ninth Circuit · 1965
  5. James Kiernan and Mary Kiernan v. Gerald Van Schaik, T/a Van's Atlantic StationCourt of Appeals for the Third Circuit · 1965

19 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. City of Cleveland v. Peter Kiewit Sons' Co.Court of Appeals for the Sixth Circuit · 1980
  2. Johnson v. SerraCourt of Appeals for the Eighth Circuit · 1975
  3. Steeves v. United StatesDistrict Court, D. South Carolina · 1968
  4. Phillips v. United StatesDistrict Court, D. South Carolina · 1983
  5. Scruggs v. Chesapeake and Ohio Railway CompanyDistrict Court, W.D. Virginia · 1970

3 more not listed; retrieve them via the Exa API.

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