Parker v. American Oil Company
| Decision Date | 04 February 1964 |
| Docket Number | No. 20703.,20703. |
| Parties | Irvin J. PARKER, Appellant, v. AMERICAN OIL COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John F. Caraway, New Orleans, La., for appellant.
Charles E. Lugenbuhl, New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellee.
Before BROWN and WISDOM, Circuit Judges, and JOHNSON, District Judge.
This action for recovery of damages under both the Jones Act and General Maritime Law on the theory of unseaworthiness was tried to a jury, which found for the defendant Oil Company. During the course of the trial, appellant's counsel made no objection to any of the charges given by the trial judge; there was no motion for a new trial made, and there was no motion for judgment notwithstanding the verdict. Appellant now asks this Court to test the evidence for sufficiency, his real complaint being that the jury made the wrong finding in returning a verdict for the Oil Company. The rule in this Court for many years prohibits such a review. As Judge Rives stated in Whiteman v. Pitrie, 5 Cir., 220 F.2d 914, in response to a request of this Court by appellant to review the verdict of a jury where appellant had failed to make the required motions, as the appellant here did:
"There was no motion for a directed verdict, and the third specification may be shortly answered by saying that we are without power to consider directly whether `the jury erred.\' 5 Moore\'s Federal Practice, 2nd ed., Para. 50.05(1), pp. 2322, 2323."
The rule which denies appellant the right to relief in this Court under the circumstances here presented is stated most succinctly by Professor Moore in the section designated by Judge Rives in the Whiteman v. Pitrie case, as follows:
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