Joseph Henry Kyzar v. Vale Do Ri Doce Navegacai, S. A.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
WISDOM, Circuit Judge:
This longshoreman’s suit for personal injuries presents the question whether the district court properly instructed the jury on the difficult matter of operational negligence as unseaworthiness. Second-guessing jury instructions is tricky business, especially when the instructions require exposition of the law on a subject not clearly settled by the Supreme Court and this Court. Still, we feel compelled to hold that the instructions at issue here confused the jury and deprived the plaintiff of a fair chance to persuade the jury of his version of the facts.
I
On May 5,…
Also in this document: Per curiam.
2Cases cited18 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Boudoin v. Lykes Bros. Steamship Co.Supreme Court of the United States · 1955
- Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
- Usner v. Luckenbach Overseas Corp.Supreme Court of the United States · 1971
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3Cited by26 opinions
- Frank Coughlin, Padre Concrete Corporation, A. W. Van Cleave, Jr. And Allied Crushed Stone Company v. Capitol Cement Co.Court of Appeals for the Fifth Circuit · 1978
- Raymond Louis Bender v. James A. BrumleyCourt of Appeals for the Fifth Circuit · 1993
- Whitney Allen v. Seacoast Products, Inc.Court of Appeals for the Fifth Circuit · 1980
- George Pierce and Jeff Pierce, Individually and D/B/A Pierce Sales, a Partnership v. Ramsey Winch Company, a Foreign Corp.Court of Appeals for the Fifth Circuit · 1985
- Roland Ware v. Kenneth Dean Reed, as an Individual and in His Capacity as Sheriff of Caldwell County, TexasCourt of Appeals for the Fifth Circuit · 1983
21 more not listed; retrieve them via the Exa API.