PHŒNIX INDEMNITY COMPANY v. GIROUARD

No. 16680.

252 F.2d 146 (1958)

PHŒNIX INDEMNITY COMPANY of NEW YORK, Appellant, v. Manning L. GIROUARD, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1958.


Attorney(s) appearing for the Case

Donald Labbe, Lafayette, La., Richard B. Montgomery, Jr., New Orleans, La., for appellant.

J. J. Davidson, Jr., Douglas J. Nehrbass, Lafayette, La., Davidson, Meaux, Onebane & Nehrbass, Lafayette, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal seeks a reversal of the judgment of the trial court based on the verdict of a jury in a personal injury damage suit on the sole ground that the trial court should have held as a matter of law that the plaintiff-appellee was guilty of negligence which, at least partially, contributed to cause the accident.

Recognizing full well the difficulty of presenting a situation which requires the court to take from the jury the questions...

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