KUYKENDALL v. SOUTHERN RY. CO.

No. 80-1642.

652 F.2d 391 (1981)

Mack G. KUYKENDALL, Appellee, v. SOUTHERN RAILWAY COMPANY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 7, 1981.


Attorney(s) appearing for the Case

Roy McBee Smith, Spartanburg, for appellant.

Matthew A. Henderson, Spartanburg (Toney J. Lister, C. Tyrone Courtney, Spartanburg, on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and PHILLIPS and ERVIN, Circuit Judges.


HAYNSWORTH, Senior Judge:

A jury composed of seven persons brought in a verdict for the plaintiff in this case under the Federal Employers Liability Act, 45 U.S.C.A. §§ 51, et seq. The defendant had objected to submission of the case to a jury of more than six persons, but its objection was overruled, as was its later motion for a new trial.

Before trial, the district judge directed that eight jurors...

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