JOSEPH
v.
LANE, WARDEN

U.S. | 1962-10-08
Nos. 187, Misc.
371 U.S. 844 Supreme Court of the United States (1962) Caution
Cited by 3 cases

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  • Sims' Crane Serv., Inc. v. Ideal Steel Prods., Inc., 800 F.2d 1553 (11th Cir. 1986)
    …mpeaching the verdict even if the jury’s statements had been offered in the form of affidavits.8 See University Computing Co. v. Lykes-Youngstown Corp., 504 F. 2d 518, 547 (5th Cir.1974); Woods v. Lowery, 297 F. 2d 827, 828 (5th Cir.), cert. denied, 371 U.S. 844, 83 S.Ct. 74, 9 L.Ed.2d 79 (1962). Obviously, the extemporaneous and contemporaneous nature of the volunteered explanation does not alter Rule 606(b)’s application.9 Thus, even if we accept Ideal Steel’s argument that its failure to move for a dire…
  • Kazan v. Wolinski, 721 F.2d 911 (3d Cir. 1983)
    …atively, Remittitur and for Credits Against Verdict at 5. . Although the cases cited to us by the parties involve extraneous jury comments, each is distinguishable from the case before us. In Woods v. Lowery, 297 F. 2d 827 (5th Cir.), cert. denied, 371 U.S. 844, 83 S.Ct. 74, 9 L.Ed.2d 79 (1962), the court refused to find an inconsistency between a general verdict in favor of defendant and the jury foreman’s statement, during a mid-deliberation conversation with the trial judge, that the defendant had been…
  • Jayne Reid-Walen v. Hansen, 933 F.2d 1390 (8th Cir. 1991)
    …y. Cf. Williams v. Employers Liability Assur. Corp., 296 F. 2d 569, 574 (5th Cir.1961) (plaintiff seeking damages for violation of duty to furnish safe premises for invitees carries burden of proof as in an ordinary negligence action), cert. denied, 371 U.S. 844 (1962). Furthermore, the question of whether “motorboats are frequently driven through the swimming area behind the Yellowbird”, as alleged by plaintiffs, would require testimony from local residents. Evidence of other boating accidents in close pro…

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