Southern Pacific Company, Appellant, v. Johnson Smith, Appellee, 325 F.2d 435 (5th Cir. 1963)

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US Court of Appeals for the Fifth Circuit - 325 F.2d 435 (5th Cir. 1963) December 26, 1963

Appeal from United States District Court for the Eastern District of Louisiana; Herbert W. Christenberry, Judge.

Harry McCall, Jr., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., for appellant.

Richard C. Baldwin, New Orleans, La., Morris G. Becnel, Luling, La., Adams & Reese, New Orleans, La., for appellee.

Before RIVES and CAMERON, Circuit Judges, and HUNTER, District Judge.


In our opinion the district court correctly refused to direct a verdict for the defendant. In the alternative, the court properly declined to limit the damages recoverable so as to exclude damages for any permanent or future disability. We find no reversible error in any of the court's instructions to the jury. The judgment is