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MERCER V. THERIOT, 377 U. S. 152 (1964)

U.S. Supreme Court

Mercer v. Theriot, 377 U.S. 152 (1964)

Mercer v. Theriot

No. 336

Argued April 22, 1964

Decided May 4, 1964

377 U.S. 152


The Court of Appeals, for insufficiency of evidence and prejudicial errors, reversed a judgment for petitioner in a wrongful death action brought in a federal District Court where jurisdiction was based on diversity of citizenship and amount in controversy, and remanded the case to the District Court with instructions for entry of judgment for respondent, or for a new trial if petitioner could show that, on another trial, there would be sufficiently probative evidence to warrant submission of the case to the jury. The District Court, on remand, denied petitioner's motion for a new trial, holding that the additional evidence would be inadmissible under the hearsay rule; and the Court of Appeals affirmed.


1. This Court, upon review of the second judgment, may consider all the substantial federal questions determined in the earlier stages of the litigation. P. 377 U. S. 153.

2. The evidence was sufficient under any appropriate standard, state or federal, to support the jury's verdict, and no errors affecting substantial justice occurred at the trial. Pp. 377 U. S. 154-156.

316 F. 2d 635, reversed and remanded.

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