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EMPLOYERS CASUALTY COMPANY v. DUPAQUIER

United States Court of Appeals, Fifth Circuit.
Nov 20, 1964

PER CURIAM.

Such inconsistencies as existed between the answer to the special interrogatory and the jury's general verdict were apparent in ample time for appellant to have moved for resubmission to the jury. Upon failure of the party to move the Court to resubmit the case, it was not error for the Court to reconcile the answer with the verdict as it did. See Jefferson v. Taiyo Katun, 5 Cir. 1962, 310 F.2d 582. 5 Moore, Fed. Prac. ΒΆ 49.04 at p. 2211.

The judgment is affirmed.