# Landry v. Two R. Drilling Co.

> Court of Appeals for the Fifth Circuit · April 9, 1975 · 511 F.2d 138

URL: https://www.frixlaw.com/law-library/cases/8895766

## Case

- **Full name:** Linda LANDRY, Individually and as administratrix of her minor children, Kenneth Paul Landry and Tracy James Landry v. TWO R. DRILLING COMPANY
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** April 9, 1975
- **Citations:** 511 F.2d 138; 517 F.2d 675
- **Precedential status:** Published
- **Opinion:** Concurrence by Gee
- **Judges:** Gee, Roney, Tuttle
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8895766

## How later opinions describe it (automated extraction)

- finding a waiver by defendants of any defect in the capacity of the widow of the deceased to prosecute a wrongful death claim under the Jones Act on behalf of herself and her children, and suggesting that a surrogate court’s designation of the widow as her husband’s testamenta…
- describing the burden as "featherweight”

## Opinion text

GEE, Circuit Judge
(concurring):
Believing our opinion to be as mandated by the Supreme Court’s precedents on sufficiency of evidence in FELA and Jones Act matters 1 and in all other respects correct, I concur. However we may view these holdings, 2 we must apply them.
. See Gibson v. Elgin, J & E Ry., 246 F.2d 834, 837 (7th Cir.), cert. denied, 355 U.S. 897 , 78 S.Ct. 270 , 2 L.Ed.2d 193 (1957) (“Under the recent decisions of the United States Supreme Court in F.E.L.A. cases, speculation, conjecture and possibilities suffice to support a jury verdict.”)
. 9 Wright & Miller, Federal Practice and Procedure: Civil 554-5, note 80.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8895766. Public record. Not legal advice.