U.S. Court of Appeals for the Sixth Circuit, 1941

Borg-Warner Corp. v. Whitney

U.S. Court of Appeals for the Sixth Circuit · Decided June 25, 1941 · Allen, Hamilton, Hicks

121 F.2d 444; 1941 U.S. App. LEXIS 3229 (Federal Reporter, Second Series)

Counsel

L. G. Vandeveer, of Detroit, Mich. (Vandeveer & Haggerty, of Detroit, Mich., on the brief), for appellant., Harvey H. Smith, of Cincinnati, Ohio (Everett H. Wells, of Detroit, Mich., on the brief), for appellees.

Cases that cite this one

4 later published cases cite this decision.

Ford Motor Co. v. Busam Motor Sales, Inc. (6th Cir. 1950)
Fielder v. Chandler (Ala. Civ. App. 2013)
Aluminum Company of America v. Sam H. Loveday (6th Cir. 1959)
Gore v. Hansen (Fla. 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HICKS, Circuit Judge.

Ruby Whitney and Karl Whitney brought separate suits against appellant, the Borg-Warner Corporation, for damages for personal injuries. After the suits were brought Karl Whitney died and his suit was revived in the name of his special administrator. The cases were consolidated for trial and at the close of the evidence the court denied appellant’s motion for a directed verdict. A mistrial resulted and thereafter appellant, pursuant to Rule 50 (b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, moved for judgment, in accordance with its motion for a directed verdict presented at the close of the evidence. The appeal is from an order denying this motion.

We are unauthorized to entertain the appeal. Our review is limited to “final decisions.” Title 28, § 225(a) U.S.C., 28 U.S.C.A. § 225(a); Grand Trunk Western R. Co. v. McHie, 6 Cir., 100 F.2d 86 and cases' there cited. The order appealed from was not a final decision. It did not dispose of the cases nor determine the litigation.

The appeal is dismissed.

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