SEABOARD AIR LINE RAILROAD COMPANY, APPELLANT,
v.
CAROL HOROWITZ, A MINOR, BY HER SISTER, AND NEXT FRIEND, JOAN HOFFMAN, APPELLEE
PER CURIAM.
The mother of the appellee was killed when an automobile driven by her was struck by a train of the appellant at a grade crossing. Judgment was entered for the appellee and the railroad has appealed. It is asserted that erroneous charges were given to the jury. No objections to the charges were made and it is not contended that the appellant was deprived of an opportunity for making them. No exception being preserved the instructions are not subject to review.
Rule 51, Fed.Rule Civ.Proc. 28 U.S.C.A.; Sims v. Texas & N.
O. R. Co., 5 Cir., 1959, 267 F. 2d 37; Cain v. Illinois Central R. Co., 5 Cir., 1959, 266 F. 2d 942; De Fonce Const. Co. v. City of Miami, 5 Cir., 1958, 256 F. 2d 425, certiorari denied 358 U.S. 875, 79 S.Ct. 115, 3 L.Ed.2d 105; Ford v. United Gas Corporation, 5 Cir., 1958, 254 F. 2d 817, certiorari denied 358 U.S. 824, 79 S.Ct. 40, 3 L.Ed.2d 64. The appellant urges that the evidence does not sustain the verdict and judgment. No motion was made for a directed verdict. Where no request has been made for a directed verdict the sufficiency of the evidence on issues submitted to the jury cannot be challenged on appeal. Norman Tobacco & Candy Co. v. Gillette Safety Razor Co., 5 Cir., 1959, 264 F. 2d 751. No manifest injustice calling for an invocation of the plain error rule is shown. Haugh v. Curlee, 5 Cir., 1959, 265 F. 2d 130. The judgment of the district court is
Affirmed.
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Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Wegmann v. Mannino, 358 U.S. 824 (U.S. 1958)
- Sadacca v. Nylonet Corp., 358 U.S. 824 (U.S. 1958)
- Ford v. United GAS Corp., 254 F.2d 817 (5th Cir. 1958)
- DE Fonce Constr. Co., Inc. v. City OF Miami, 256 F.2d 425 (5th Cir. 1958)
- State Comm'n of Revenue & Taxation of Kan. v. Gen. Motors Corp., 358 U.S. 875 (U.S. 1958)
- Cooper v. R. J. Reynolds Tobacco Co., 358 U.S. 875 (U.S. 1958)
- Haugh v. Curlee, 265 F.2d 130 (5th Cir. 1959)
- Norman Tobacco & Candy Co., Inc. v. Gillette Safety Razor Co., 264 F.2d 751 (5th Cir. 1959)
- Cain v. Ill. Cent. R.R. Co., 266 F.2d 942 (5th Cir. 1959)
- Algernon Sims v. Tex. & New Orleans R.R. Co., 267 F.2d 37 (5th Cir. 1959)