B. A. Carroll Stevedore Co. v. Makinda

I concur in the view of the majority that the plaintiff made out a case for the jury. I dissent from the conclusion that there was a mistrial, and that this personal injury case, involving nothing but damages for a broken leg, 'should be sent back for another trial.

The case was submitted to the jury on special issues, and for a general verdict in the alternative forjn approved by this court in Automatic Pencil Sharpener Co. v. Boston Pencil Pointer Co. (C. C. A.) 279 F. 40. The sole object of taking verdicts in this alternative form is to avoid new trials, except under-very rare and unusual…