Legal Opinion
David Smith v. Ellerman Lines, Ltd
Court of Appeals for the Third Circuit
Decided October 9, 1957No. 12164_1PublishedCited by 22 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
Was “fundamental error”, reversible per se, committed by the trial judge when, in the presence of both counsel and the jury, he answered the latter’s written request for further instructions without reading it verbatim to counsel?
Has the plaintiff waived his right to consideration of this question by reason of his failure to object at the time and/or *762to assign it as a reason for a new trial as required by the Federal Rules of Civil Procedure [28 U.S.C.] ?
Did the trial judge err, when in his instructions to the jury, he limited the issue of proximate cause to the theory…
2Cases cited13 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Fillippon v. Albion Vein Slate Co.Supreme Court of the United States · 1919
- Cahill v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1956
- United States v. George F. VasenCourt of Appeals for the Seventh Circuit · 1955
- Arrington v. RobertsonCourt of Appeals for the Third Circuit · 1940
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
- Bell v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 2008
- Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a CorporationCourt of Appeals for the Third Circuit · 1965
- Lawrence Rice and Walter Chipman v. United StatesCourt of Appeals for the Eighth Circuit · 1966
- Susan Nimrod, Etc. v. Stephen SylvesterCourt of Appeals for the First Circuit · 1966
17 more not listed; retrieve them via the Exa API.