Legal Opinion
Noel Ebanks and Signa Ebanks, Inagua Transports, Inc., Intervenor v. Southern Railway Company, Third Party Brunswick Pulp & Paper Co., Third Party
Court of Appeals for the Third Circuit
Decided March 25, 1981No. 79-4080PublishedCited by 7 opinions
1Opinion of the Court
FAY, Circuit Judge:
The issue in this appeal is whether the trial judge violated Fed.R.Civ.P. 51 in materially deviating from what he represented to counsel would be his charge to the jury. We hold that the rule was violated, that a new trial is necessary, and accordingly, we do not reach appellant’s argument that the court erred in ambiguously phrasing its special verdict forms.
The issue arose in the context of a personal injury action brought by appellant Noel Ebanks and his wife against appellee Southern Railway Company for injuries and damages sustained by appellants as a result of the…
2Cases cited12 opinions
- Barbara R. Gross v. Southern Railway Company, Nancy Ruth Canipelli v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1969
- Mrs. Christine Keyes, Wife Of/and Thomas Keyes v. Ray Lauga, Office of Charity Hospital of Louisiana at New Orleans, IntervenorCourt of Appeals for the Fifth Circuit · 1981
- George A. MacKenzie v. Chrysler CorporationCourt of Appeals for the Fifth Circuit · 1979
- Smith v. American Oil CompanyCourt of Appeals of Georgia · 1948
- Robert T. Clegg v. Hardware Mutual Casualty Co.Court of Appeals for the Fifth Circuit · 1959
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crigler v. SalacSupreme Court of Alabama · 1983
- Doucet v. Gulf Oil Corp.Court of Appeals for the Fifth Circuit · 1986
- Shawnya Jones v. Southern Pacific RailroadCourt of Appeals for the Fifth Circuit · 1992
- Fed. Sec. L. Rep. P 97,937 Mary S. Krech Trust and Mark Marks, Mary S. Krech Trust v. The Lakes ApartmentsCourt of Appeals for the Fifth Circuit · 1981
- Anderson v. StateCourt of Criminal Appeals of Alabama · 1988
2 more not listed; retrieve them via the Exa API.