Thomas v. Akin Equipment, Inc.

Eighth Circuit Court of Appeals

Nov. 7, 1962.

Eighth Circuit Court of Appeals · decided 1962-11-07

2 counsel of record

Relies on Holland v. United States · Spies v. United States · Michelson v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1962-11-07

How this case has been cited

Cited by 41 later decisions — most recently October 1991 · most notably State v. Long (1978), United States v. Winter (1981)

36 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Clyde Mason, Memphis, Tenn., for appellant.

James E. Clark, Birmingham, Ala., London, Yancey, Clark & Allen, Birmingham, Ala., of counsel, for appellee.

Before RIVES, JONES and BELL, Circuit Judges.

PER CURIAM.

¶1

This negligence action was submitted to the jury without a motion for directed verdict and resulted in a verdict for defendant. The trial court denied a motion for new trial. The evidence was conflicting and a jury question was presented. Appellant is bound. Baten v. Kirby Lumber Company, 5 Cir., 1939, 103 F.2d 272; Stockes v. Continental Assurance Co., 5 Cir., 1957, 242 F.2d 893; and Greyhound Corporation v. Dewey, 5 Cir., 1957, 240 F.2d 899.

The Judgment is

¶2

Affirmed.