Legal Opinion

John Oliver Stewart and David Sims v. Roland W. Banks

Court of Appeals for the Fifth Circuit

Decided August 2, 1968No. 25323PublishedCited by 10 opinions

1Per curiam

Appellee won a $115,000 verdict in a damage suit involving personal injuries received when a car driven by his minor daughter collided with a truck owned by Appellant Sims. Finding no reversible error, we affirm.

Appellants’ (owner of the truck and driver) first assertion of error is that they were prejudiced by the sys tematic exclusion of Negroes from the jury panel because the driver of the truck at the time of accident was a Negro. While it is true that a litigant in a civil case, just as the accused in a criminal case, is entitled to a jury panel selected from a fair cross-section of the…

2Cases cited4 opinions

  1. Carnley v. CochranSupreme Court of the United States · 1962
  2. Thiel v. Southern Pacific Co.Supreme Court of the United States · 1946
  3. Couto v. United Fruit Co.Court of Appeals for the Second Circuit · 1953
  4. Willie Jackson v. United StatesCourt of Appeals for the Fifth Circuit · 1968

3Cited by10 opinions

  1. Fuller v. Preferred Risk Life Ins. Co.Supreme Court of Alabama · 1991
  2. Gulf Coast Building & Supply Company, Inc. v. International Brotherhood of Electrical Workers, Local No. 480, Afl-CioCourt of Appeals for the Fifth Circuit · 1970
  3. Butler v. Local Union 823, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of AmericaCourt of Appeals for the Eighth Circuit · 1975
  4. Atlas Roofing Manufacturing Company, Inc. v. Charles W. Parnell, Atlas Roofing Manufacturing Company, Inc. v. Global Van Lines, Inc.Court of Appeals for the Fifth Circuit · 1969
  5. Harry Bail v. Cunningham Brothers, Inc., a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1971

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