# Irby J. Robertson, Sr. v. Douglas Steamship Company

> Court of Appeals for the Fifth Circuit · June 17, 1975 · 510 F.2d 829

URL: https://www.frixlaw.com/law-library/cases/9461467

## Case

- **Full name:** Irby J. ROBERTSON, Sr., Plaintiff-Appellee, v. DOUGLAS STEAMSHIP COMPANY, Defendant-Appellant
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** June 17, 1975
- **Citations:** 510 F.2d 829
- **Precedential status:** Published
- **Opinion:** Concurrence by Rives
- **Judges:** Rives, Wisdom, Coleman
- **Cited by:** 26 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/9461467

## Opinion text

RIVES, Circuit Judge
(concurring specially):
As to the reversal of the $12,000.00 inflation compensation award, I am, of course, bound by this Court’s recent en banc decision in Johnson v. Penrod Drilling Co., 5 Cir. 1975, 510 F.2d 234 , and in Starnes v. Penrod Drilling Co., 5 Cir. 1975, 510 F.2d 234 .
As to the affirmance of the basic award of $138,000.00, I rely upon the rationale suggested by the Supreme Court in Sentilles v. Inter-Caribbean Corp., 1959, 361 U.S. 107 at 109, 110 , 80 S.Ct. 173 , 4 L.Ed.2d 142 even though Sentilles was a Jones Act case. I adhere to the view expressed in my dissenting opinion in Boeing Company v. Shipman, 5 Cir. 1969, 411 F.2d 365 , and therefore think that the standard for judging the sufficiency of the evidence to require submission of a case to a jury in F.E. L.A. cases, Jones Act cases, and all other jury cases is the same constitutional standard. I think that the evidence in this case as recited in the majority opinion met the constitutional standard. I therefore specially concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9461467. Public record. Not legal advice.