Illinois Cent. R. v. Beavers

Fifth Circuit

Illinois Cent. R. v. Beavers

258 F. 447, 169 C.C.A. 463, 1919 U.S. App. LEXIS 1234

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 15, 1919

DocketNo. 3365

StatusPublished

This text of 258 F. 447 (Illinois Cent. R. v. Beavers) 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.

Bluebook

Illinois Cent. R. v. Beavers, 258 F. 447, 169 C.C.A. 463, 1919 U.S. App. LEXIS 1234 (5th Cir. 1919).

Pincite

Opinions

BATTS, Circuit Judge.

The court submitted to the jury the issues of simple negligence and of wanton negligence upon the part of the defendant. A general verdict for plaintiff was returned. The evi[448]*448dence is such that a verdict for plaintiff, based upon wanton negligence, would properly be set aside. A finding, however, by the jury of wanton negligence, necessarily involves a finding of simple negligence —the one including the other.

The jury having found' simple negligence, either upon the issue of simple negligence or in their finding upon wanton negligence, and there being evidence to sustain a finding of simple negligence, and there being no evidence which would justify a finding that plaintiff was guilty of contributory negligence, the judgment is affirmed.

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BATTS, Circuit Judge.

The court submitted to the jury the issues of simple negligence and of wanton negligence upon the part of the defendant. A general verdict for plaintiff was returned. The evi[448]*448dence is such that a verdict for plaintiff, based upon wanton negligence, would properly be set aside. A finding, however, by the jury of wanton negligence, necessarily involves a finding of simple negligence —the one including the other.

The jury having found' simple negligence, either upon the issue of simple negligence or in their finding upon wanton negligence, and there being evidence to sustain a finding of simple negligence, and there being no evidence which would justify a finding that plaintiff was guilty of contributory negligence, the judgment is affirmed.

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Bluebook (online)

258 F. 447, 169 C.C.A. 463, 1919 U.S. App. LEXIS 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-cent-r-v-beavers-ca5-1919.