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WHALEN v. PHOENIX INDEMNITY CO.

No. 4132.

120 F.Supp. 925 (1954)

WHALEN v. PHOENIX INDEMNITY CO.

United States District Court, W. D. Louisiana, Shreveport Division.

May 11, 1954.

Attorney(s) appearing for the Case

J. Philip Goode, and Booth, Lockard, Jack & Pleasant, Shreveport, La., for plaintiff.

Wilkinson, Lewis & Wilkinson, Shreveport, La., for defendant.

DAWKINS, Jr., Chief Judge.

This case heretofore has been considered on defendant's motion to strike1. The identical issue involved in that motion now arises again: Is "res ipsa loquitur" applicable?

The case — a tort action — has been tried to a jury, which returned a verdict for plaintiff in the sum of $17,500. At the close of plaintiff's evidence, defendant moved for a directed verdict on the ground that no negligence...

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