Opinion
No. 26898. Summary Calendar.
March 19, 1969.
John J. McKay, McKay Avery, Austin, Tex., for defendant-appellant.
E. Tom Curtis, Clark Thomas, Harris, Denius Winters, Austin, Tex., Payne Ratner, Jr., Ratner, Mattox, Ratner, Ratner Barnes, Wichita, Kan., for plaintiff-appellee.
Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.
This appeal is from a judgment on a jury verdict in favor of James E. Scrivener on a F.E.L.A. action under 45 U.S.C.A., Section 51, against The Atchison, Topeka Santa Fe Railway Company. The errors asserted on appeal relate solely to the trial Court's charges as given to the jury. Appellant Railway contends error was committed by the District Court in giving certain instructions to the jury and in failing to give other instructions as requested by it. Having studied the briefs and record, we are of the opinion that the case is appropriate for summary disposition without oral argument. Pursuant to new Rule 18 of the Rules of the United States Court of Appeals for the Fifth Circuit, the Clerk of this Court has been directed to place this on the summary calendar and notify the parties in writing.
In order to establish a docket control procedure, the Fifth Circuit adopted new Rules 17-20 on December 6, 1968. See Groendyke Transport, Inc. v. Davis, 5 Cir., 1969, 406 F.2d 1158.
As the only errors insisted upon concern the instructions to the jury, we have carefully reviewed the entire charge, and when taken as a whole, these instructions correctly set forth the applicable law, and were fair and adequate based on the evidence presented and the contentions aired by the parties in the trial Court. Grey v. First National Bank in Dallas, 393 F.2d 371 (5 Cir. 1968); Lumbermen's Mutual Casualty Company v. Nolan, 331 F.2d 711 (5 Cir. 1964); Burns v. Travelers Insurance Company, 344 F.2d 70 (5 Cir. 1965).
Accordingly, the judgment of the District Court is affirmed.