[Download] "Gillen v. Phoenix Indemnity Co." by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Gillen v. Phoenix Indemnity Co.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 24, 1952
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
This appeal questions again the propriety of a judge of a Federal Court in Louisiana, in his instructions to the jury trying an action for the recovery of damages for pain, suffering and personal injury, directing the jury to consider, as a guide for its finding, the quantum of damages which may have been awarded by the State Courts in what the Federal Court determines to be somewhat similar cases which have been tried and determined by the judges of the State Courts of Louisiana. In Dowell, Inc., v. Jowers, 5 Cir., 166 F.2d 214, 2 A.L.R.2d 442; Dowell, Inc., v. Jowers, 5 Cir., 182 F.2d 576, and Lumbermens Mutual Casualty Co. v. Hutchins, 5 Cir., 188 F.2d 214, all from the State of Louisiana, we have held such a charge to be erroneous. The confusion resulting from such a charge to the jury was also recognized in Mutual Life Ins. Co. of New York v. Daigle, 5 Cir., 142 F.2d 1000, and, in a case from Mississippi, Wood v. Morrow, 5 Cir., 119 F.2d 776. We could, therefore, well rule the present case without any further discussion, for the appellants contention of error is plainly sustained by these prior decisions. However, since in this, and another case likewise pending before us, State Farm Mutual Automobile Ins. Co. v. Scott, 5 Cir., 198 F.2d 152, but in which the situation is reversed because the trial Judge in that case followed our prior rulings and refused such an instruction, (and likewise refused to permit counsel to argue to the jury the question of quantum in the light of "similar cases" in the State Court), it is contended that in the former cases the point at issue was not fully developed, or all grounds in support of the correctness of such a charge presented, and that there are here material differences in the nature of the Courts instructions to the jury, which require a different result in this case, we will consider and further briefly discuss the proposition, even though not required to do so.