Legal Opinion
Malm v. United States Lines Company
District Court, S.D. New York
Decided January 19, 1967No. 62 Civ. 2094PublishedCited by 29 opinions
1Opinion of the Court
WEINFELD, District Judge.
The jury was instructed to report separately a general verdict on the issues of unseaworthiness and negligence. The jury returned a verdict in favor of the plaintiff on the negligence claim. There was ample evidence to support this verdict. The fact that the jury found against the plaintiff on the unseaworthiness claim does not invalidate its verdict on the negligence claim. Inconsistent jury verdicts upon different counts or claims are not an anomaly in the law, which at times recognizes a jury’s right to an idiosyncratic position, 1 provided the challenged verdict…
2Cases cited12 opinions
- Morissette v. United StatesSupreme Court of the United States · 1952
- Dunn v. United StatesSupreme Court of the United States · 1932
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- Siebrand v. GossnellCourt of Appeals for the Ninth Circuit · 1956
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Wei Zhang v. American Gem Seafoods, Inc., Delaware Corporation McMi Food Company, a Texas Corporation Harry Lees, a Natural PersonCourt of Appeals for the Ninth Circuit · 2003
- Globus v. Law Research Service, Inc.Court of Appeals for the Second Circuit · 1969
- Lusby v. T.G. & Y. Stores, Inc.Court of Appeals for the Tenth Circuit · 1984
- Kathy L. Lavoie, Formerly Known as Kathy L. Labelle v. Pacific Press & Shear Company, a Division of Canron Corp., and Canron Corp.Court of Appeals for the Second Circuit · 1992
- Davignon v. HodgsonCourt of Appeals for the First Circuit · 2008
24 more not listed; retrieve them via the Exa API.