Legal Opinion

Marable McFall v. John Tooke

Court of Appeals for the Sixth Circuit

Decided October 5, 1962No. 14681PublishedCited by 11 opinions

1Opinion of the Court

O’SULLIVAN, Circuit Judge.

This is an appeal by defendant-appellant, John Tooke, from a judgment of $43,090.65 entered upon a jury verdict in favor of plaintiff-appellee, Marable McFall. The action sought damages for personal injuries suffered by plaintiff when, as a pedestrian, he was struck by an automobile driven by defendant. This is a diversity case and Kentucky law controls.

Upon a first trial of the cause, the jury disagreed. The verdict upon which judgment was entered came at the conclusion of a second trial. On the first trial, defendant’s motions for a directed verdict at the end of…

2Cases cited31 opinions

  1. Dixon v. StringerCourt of Appeals of Kentucky (pre-1976) · 1939
  2. Saddler v. ParhamCourt of Appeals of Kentucky (pre-1976) · 1952
  3. Vaughn v. JonesCourt of Appeals of Kentucky (pre-1976) · 1953
  4. Whittaker v. ThornberryCourt of Appeals of Kentucky (pre-1976) · 1948
  5. Wilder v. CadleCourt of Appeals of Kentucky (pre-1976) · 1929

26 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Lones v. Detroit, Toledo And Ironton Railroad CompanyCourt of Appeals for the Sixth Circuit · 1968
  2. Harrison Baird v. Cincinnati, New Orleans & Texas Pacific Railway Co., Inc.Court of Appeals for the Sixth Circuit · 1963
  3. Clara Rose Melton, Administratrix of the Estate of Mark Melton, Deceased v. O. F. Shearer & Sons, Inc.Court of Appeals for the Sixth Circuit · 1970
  4. Insurance Co. of State of Pa. v. United StatesDistrict Court, S.D. Mississippi · 1984
  5. Lones v. Detroit, Toledo & Ironton Rd. Co.Court of Appeals for the Sixth Circuit · 1968

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API