LARSON v. JO ANN CAB CORP.

No. 88, Docket 22828.

209 F.2d 929 (1954)

LARSON v. JO ANN CAB CORP.

United States Court of Appeals Second Circuit.

Decided January 13, 1954.


Attorney(s) appearing for the Case

Sterling & Schwartz, New York City (Marvin Schwartz and Betty H. Olchin, New York City, of counsel), for plaintiff-appellant.

Jerome Hoffer, New York City (Philip Hoffer, New York City, of counsel), for defendant-appellee.

Before CLARK, FRANK and HINCKS, Circuit Judges.


FRANK, Circuit Judge.

1. Plaintiff complains of this only, that the judge erred in that part of his charge, quoted above, concerning the burden of proof, when he spoke repeatedly of the jury's "conviction."

2. Courts and commentators have said that, in the ordinary civil suit, usually a judge commits reversible error if he instructs the jury that the plaintiff cannot recover unless he "convinces" them (or the like).2 Such a charge...

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