BASS, ADMINISTRATRIX,
v.
DEHNER, EXECUTRIX

U.S. | 1939-10-09
No. 217
308 U.S. 580 Supreme Court of the United States (1939) Positive Treatment
Cited by 2 cases

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  • Dr. v. Devine, 242 F.2d 828 (6th Cir. 1957)
    …Court granted a new trial because the damages were inadequate but refused to limit the new trial to the question of damages only. On the retrial the jury returned a verdict for the defendant. Bass v. Dehner, 10 Cir., 103 F. 2d 28, certiorari denied 308 U.S. 580, 60 S.Ct. 100, 84 L.Ed. 486, rehearing denied 308 U.S. 635, 60 S.Ct. 136, 84 L.Ed. 528. The question usually arises in tort actions, although it is not so restricted. Gasoline Products Co. v. Champlin Refining Co., supra, 283 U.S. 494, 500, 51 S.Ct…
  • Standard Indus., Inc. v. Mobil OIL Corp., 475 F.2d 220 (10th Cir. 1973)
    …s’ entire case in the eyes of the jury. Such reasoning we do not follow. See Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625 at 629, 79 S.Ct. 406, 3 L.Ed.2d 550 (1959); Bass v. Dehner, 103 F. 2d 28, at 34 (10th Cir. 1939), cert. denied, 308 U.S. 580, 60 S.Ct. 100, 84 L.Ed. 486 (1939). Furthermore, as we read Hanover, 392 U.S. at 494, 88 S.Ct. at 2232 the Supreme Court did not completely rule out passing-on as a defense in an action of this nature. Indeed, the court recognized “that there might…

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