SOUTHERN RAILWAY CO.
v.
JACKSON

U.S. | 1963-10-14
No. 332
375 U.S. 837 Supreme Court of the United States (1963) Positive Treatment
Cited by 14 cases
Dissent
Mr. Justice Black and Mr. Justice Douglas,

Mr. Justice Black and Mr. Justice Douglas,

dissenting.

Respondent Jackson brought a diversity action.in the United States District Court for the Northern District of Georgia claiming damages from the railroad for personal injuries. The trial judge charged the jury under the applicable Georgia comparative negligence statute * that if the plaintiff had been himself negligent, though less so than the defendant, his recovery “would be reduced in proportion to the amount of default attributable to him’.” The jury returned a verdict of $2,500 although there had been medical expenses of $1,300, evidence of lost earnings of $12,000, and other damage alleged up to a total of $100,000. Claiming that the instruction on comparative negligence was improper and accounted for the “grossly inadequate” award, plaintiff moved for a new trial. The District Court denied the motion but the Court of Appeals reversed, holding that under either a federal or a state standard the evidence failed to show any negligence of the plaintiff. In our judgment this reversal denied the railroad its right to a trial of the question by the jury in the United States District Court as guaranteed by the Seventh Amendment to the Constitution. See Simler v. Conner, 372 U. S. 221. Because of the importance of preserving this constitutional right we would grant cer-tiorari and affirm the District Court’s ruling on this issue.

*

Georgia Code §94-703.

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Citator

Cited By

  • Coughlin v. Capitol Cement Co., 571 F.2d 290 (5th Cir. 1978)
    …s we perceive no error in refusing “a request for an instruction that correctly states a legal abstraction not applicable to the facts.” Daly v. Moore, 491 F. 2d at 108, citing Jackson v. Southern Railway Co., 317 F. 2d 532 (5th Cir.), cert. denied, 375 U.S. 837, 84 S.Ct. 77, 11 L.Ed.2d 65 (1963). F. Conspiratorial Pressure Plaintiffs’ requested instructions would have allowed the jury to find liability for either a conspiratorial refusal to sell cement or conspiratorial pressure on plaintiffs’ customers…
  • Har-Pen Truck Lines, Inc. v. Mills, 378 F.2d 705 (5th Cir. 1967)
    …ot do so expressly, that it has jurisdiction over that defendant.” Chicago Life Insurance Co. v. Cherry, 1917, 244 U.S. 25, 29, 87 S.Ct. 492, 493, 61 L.Ed 966, 967; Jackson v. Southern Railway Company, 5 Cir. 1963, 317 F. 2d 532, cert. denied, 1963, 375 U.S. 837, 84 S.Ct. 77, 11 L.Ed.2d 65. II. The defendants also argue that all defendants not in privity with the Canal Insurance Company were misjoined. This argument is based on two cases in the Georgia courts concerning 20 Ga.Code Ann. § 68-612, which read…
  • Neubauer v. City OF McALLEN, 766 F.2d 1567 (1st Cir. 1985)
    …dence of negligence, reversal of judgment on general verdict for plaintiff was required even if the jury could have properly found for plaintiff on the warranty theory alone); Jackson v. Southern Ry. Co., 317 F. 2d 532, 537 (5th Cir.), cert. denied, 375 U.S. 837, 84 S.Ct. 77, 11 L.Ed.2d 65 (1963). See also Zant v. Stephens, 462 U.S. 862, 103 S.Ct. 2733, 2745, 77 L.Ed.2d 235 (1983); Stromberg v. California, 283 U.S. 359, 51 S.Ct. 532, 535, 75 L.Ed. 1117 (1931); United States v. Beasley, 585 F. 2d 796, 798 (5…

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