Yeargain v. National Dairy Products Corporation
Decision Date | 11 June 1963 |
Docket Number | No. 17064.,17064. |
Citation | 317 F.2d 779 |
Parties | Robert P. YEARGAIN, Appellant, v. NATIONAL DAIRY PRODUCTS CORPORATION, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Jerome J. Duff, St. Louis, Mo., made argument for the appellant and John D. Chancellor, St. Louis, Mo., was with him on the brief.
Richard M. Stout, St. Louis, Mo., made argument for the appellee and filed brief.
Before SANBORN and BLACKMUN, Circuit Judges, and STEPHENSON, District Judge.
This case was brought by the appellant against the appellee to recover damages for personal injury sustained by the appellant while he was unloading a trailer load of cheese at the appellee's warehouse in St. Louis. The case was tried and submitted to a jury who returned a verdict for the defendant.
The appellant's only ground for reversal as stated in his brief is: "The Court below committed reversible error in allowing the defendant to draw unfavorable inferences from plaintiff's failure to produce certain medical witnesses." This contention is completely without merit.
The trial court instructed the jury in part as follows:
The record does not indicate that any exception was taken to any of the Court's instructions.
It will not be presumed that a jury failed to follow the Court's instructions. Opper v. United States, 1954, 348 U.S. 84, 95, 75 S.Ct. 158, 99 L.Ed. 101; Alexander v. United States, 8 Cir., 1959, 271 F.2d 140, 145; Davis v. United States, 8 Cir., 1956, 229 F.2d 181, 186. It is therefore apparent that the jury never reached the question of damages and therefore any error claimed which goes to the question of damages is not prejudicial. Pitcairn v. Perry, 8 Cir., 1941...
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...issue to be determined by federal law. McDonald v. United Airlines, Inc., supra, 365 F.2d at 595; Yeargain v. National Dairy Products Corp., 317 F.2d 779, 780 (8th Cir. 1963). "Although there is a sharp split among the state authorities on the use of the so-called 'unit-of-time' argument, t......
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...Act to provide, on matters of practice `an approach to uniformity within the whole federal judicial system\'." Yeargain v. National Dairy Products, 8 Cir. 1963, 317 F.2d 779. The argument objected to here is known among lawyers and judges as the "golden rule" argument. While federal law con......
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...Arnold, 160 F.2d 1002 (8th Cir. 1947). Cf. McDonald v. United Airlines, Inc., 365 F.2d 593 (10th Cir. 1966); Yeargain v. National Dairy Products Corp., 317 F.2d 779 (8th Cir. 1963). We believe that the matter of estimating damages for the guidance of the jury is best left largely to the dis......
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...used in Caley, and we do not feel it to be reversible error." Id. at 185, 191 N.E.2d at 639. 2 Accord, Yeargain v. National Dairy Products Corp., 317 F.2d 779, 780 (8th Cir. 1963); Illinois Central R. R. v. Staples, 272 F.2d 829, 834 (8th Cir. 1959); McDonald v. United Airlines, Inc., 365 F......