Legal Opinion
Winston v. Roe
District Court, E.D. Tennessee
Decided August 16, 1965No. Civ. A. No. 1791PublishedCited by 1 opinion
1Opinion of the Court
NEESE, District Judge.
This is a removed wrongful death action. A trial by jury resulted in a verdict for the defendant. The plaintiff filed seasonably a motion for the .vacation of the judgment herein and the granting of a new trial. Rule 59, Federal Rules of Civil Procedure.
Inter alia, the plaintiff claims that the Court erred in charging contributory negligence, and having thus erred, compounded the error by refusing his request to charge also remote contributory negligence. The Court concurs in the assertion that there was error in the jury charge.
The difficulty arises herein from a proper…
2Cases cited13 opinions
- Memphis Street Railway Company v. CooperTennessee Supreme Court · 1958
- Southeastern Aviation, Inc. v. HurdTennessee Supreme Court · 1962
- Richard John Steele, and Texas Employer's Insurance Association, Intervening v. Wiedemann MacHine Company, AndCourt of Appeals for the Third Circuit · 1960
- McCarthy v. WoolstonAppellate Division of the Supreme Court of the State of New York · 1924
- Kurn v. WeaverCourt of Appeals of Tennessee · 1940
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3Cited by1 opinion
- Holliman v. McGrewCourt of Appeals of Tennessee · 2009