Gibson v. Lockheed Aircraft Service, Inc.

PETITIONER: Gibson
RESPONDENT: Lockheed Aircraft Service, Inc.
LOCATION:

DOCKET NO.: 42
DECIDED BY: Warren Court (1955-1956)
LOWER COURT: United States Court of Appeals for the Fifth Circuit

ARGUED: Dec 05, 1955 / Dec 06, 1955
DECIDED: Feb 27, 1956

Facts of the case

Question

Media for Gibson v. Lockheed Aircraft Service, Inc.

Audio Transcription for Oral Argument - December 05, 1955 in Gibson v. Lockheed Aircraft Service, Inc.

Audio Transcription for Oral Argument - December 06, 1955 in Gibson v. Lockheed Aircraft Service, Inc.

Earl Warren:

Number 42, Victor D. Gibson versus Lockheed Aircraft Service, Incorporated.

Mr. Spillers, you may continue your argument.

G. C. Spillers, Jr.:

To pick out the thread where we left out yesterday, we have here Rule 51 which provides that before the jury retires, if the Court doesn't give a requested instruction, you must tell him that you're objecting to that particular instruction and giving the basis of the grounds, thereof.

We have here a situation where the respondent, after the Court had refused, 19 requested instructions, presented by it, merely made this objection.

I have no exceptions, except those which are covered by my requested instructions which were refused.

Now, incidentally, the respondent in this case has never complained about the charge actually given by the trial court or has never contended that it was any wise, erroneous.

Felix Frankfurter:

When was the request admitted?

G. C. Spillers, Jr.:

If Your Honor please, I don't actually know.

I'll say this that the first time --

Felix Frankfurter:

The record -- the record shows.

G. C. Spillers, Jr.:

The record does not show when they were submitted.

Felix Frankfurter:

Well, the record shows, they're dated October 2.

G. C. Spillers, Jr.:

Well, they were dated on the date of -- I couldn't say with -- I'm sure they were submitted before the instructions were given.

Felix Frankfurter:

Before the instructions were given?

G. C. Spillers, Jr.:

Yes, sir.

And after the evidence was in.

Felix Frankfurter:

There's no doubt about that, is there?

G. C. Spillers, Jr.:

No sir.

We never heard about the instructions until the Court announced that they had been requested he would give three of them at the close of his original charge.

That's the first time we ever heard about the instruction.

Felix Frankfurter:

Did the judge have before you --

G. C. Spillers, Jr.:

Yes, sir.

Felix Frankfurter:

-- the request, specifically stated item by item.

G. C. Spillers, Jr.:

Yes, sir.

Felix Frankfurter:

And he denied it.

G. C. Spillers, Jr.:

Yes, sir.

Felix Frankfurter:

Before the jury was dismissed.

G. C. Spillers, Jr.:

Yes sir, except he gave three out of the 22.

Felix Frankfurter:

What I mean he chose it.

G. C. Spillers, Jr.:

Yes, sir.