Employers Casualty Company v. August E. Dupaquier
This text of 338 F.2d 336 (Employers Casualty Company v. August E. Dupaquier) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Such inconsistencies as existed between the answer to the special interrogatory and the jury’s general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F.2d 582. 5 Moore, Fed. Prac. ¶ 49.04 at p. 2211.
The judgment is affirmed.
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338 F.2d 336, 1964 U.S. App. LEXIS 3828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/employers-casualty-company-v-august-e-dupaquier-ca5-1964.