Legal Opinion · Concurrence

Texas Breeders & Racing Ass'n v. Blanchard

Court of Appeals for the Fifth Circuit

Decided January 15, 1936No. 7792Published

1ConcurrenceSibley, Circuit Judge

There was a large recovery. I think there should be a new trial because of the erroneous admission over appropriate objections and exception of testimony as to the prospective earnings of the injured boy. The boy was not a jockey, but only an apprentice. A witness who professed to be experienced was allowed to testify in answer to a question as to what the boy would probably earn during his first year as a jockey: “Well, I thought he would average anywhere from $7,000 to $8,000 per year after he was broken in. I figure he would make that.” The witness explained that this included the salary…

2Cases cited8 opinions

  1. United States v. SpauldingSupreme Court of the United States · 1935
  2. Galveston, Harrisburg & San Antonio Railway Co. v. CurrieTexas Supreme Court · 1906
  3. Davis v. GreenSupreme Court of the United States · 1922
  4. Hamilton v. United StatesCourt of Appeals for the Fifth Circuit · 1934
  5. American Ry. Express Co. v. TaitSupreme Court of Alabama · 1924

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