TRAVELERS INSURANCE COMPANY v. RYAN

No. 26371.

416 F.2d 362 (1969)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Ray RYAN, Appellee.

United States Court of Appeals Fifth Circuit.

September 9, 1969.


Attorney(s) appearing for the Case

Howard Waldrop, Atchley, Russell, Hutchinson & Waldrop, Texarkana, Tex., for appellant.

Jack Carter, Raffaelli, Lee & Hawkins, Sidney Lee, John D. Raffaelli, Texarkana, Tex., for appellee.

Before THORNBERRY and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.


SIMPSON, Circuit Judge:

What are the permissible boundaries of fair judicial comment to the jury?

This recurring problem controls our review of this Texas Workmen's Compensation Act Case. We determine that the trial judge, activated no doubt by the laudable motive of helping the jury reach what he considered the right verdict, markedly exceeded these limits by his comments. The result we view as a coerced verdict, requiring reversal.

The basic principle...

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