Logourl black
From our private database of 13,000+ case briefs...

Diniero v. United States Lines Co.

United States Court of Appeals for the Second Circuit
288 F.2d 595 (2d. Cir. 1961)


Facts

Julio Diniero (plaintiff) was an engineer aboard a ship owned by United States Lines Co. (USLC) (defendant). Diniero suffered from a ruptured disc that eventually resulted in surgery. Diniero brought suit against USLC, claiming that the ruptured disc was caused by his duties as an employee aboard USLC’s ship. The trial judge submitted the case to the jury with several interrogatories. One of the interrogatories prompted multiple communications and questions from the jury during deliberations. The judge gave an explanation of the interrogatory, but the explanation was not clear and likely confused the jury more. Eventually, the jury told the judge that it could not, and would not be able to, agree on that one interrogatory. Consequently, the judge withdrew all of the interrogatories and charged the jury to return a general verdict with no interrogatories. The jury returned a verdict in favor of Diniero. USLC appealed on the theory that once the interrogatory was submitted to the jury, it could not be withdrawn.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Medina, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 128,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,000 briefs, keyed to 176 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.