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United States v. Atkinson

U.S.
Feb 3, 1936
297 U.S. 157 (1936)

Summary

holding that errors which "seriously affect the fairness, integrity or public reputation of judicial proceedings" may be raised for the first time on appeal

Summary of this case from State v. Pacheco

Opinion

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT.

No. 265.

Argued January 8, 1936. Decided February 3, 1936.

In the absence of exceptional circumstances, error in a jury trial, which was not brought to the attention of the court by proper exception or request to charge, will not be considered on appeal. P. 159. 76 F.2d 564, affirmed.

CERTIORARI, 296 U.S. 559, to review a judgment affirming a judgment against the United States in an action on a policy of converted war risk insurance.

Mr. Will G. Beardslee, with whom Solicitor General Reed and Messrs. Wilbur C. Pickett, Fendall Marbury, and W. Marvin Smith were on the brief, for the United States. Mr. Warren E. Miller, with whom Mr. A.H. Culwell was on the brief, for respondent.


This case was brought here on certiorari to review a determination of the Court of Appeals for the Fifth Circuit, said to be inconsistent with our decision in Miller v. United States, 294 U.S. 435. The challenged holding is that there is statutory authority for including in contracts of United States government insurance (converted war risk insurance) covering death or total permanent disability a provision that "the permanent loss of hearing of both ears . . . shall be deemed to be total disability." The case was tried in the district court to a jury which rendered a verdict for the plaintiff, respondent here. Judgment in his favor was affirmed by the Circuit Court of Appeals for the Fifth Circuit, 76 F.2d 564, which held that the insertion in the policy of the quoted definition of total disability, pursuant to Veterans' Administration Regulation, § 3122, was authorized by 43 Stat. 624, 1309, 38 U.S.C. § 512.

"§ 512. Not later than July 2, 1926, all term insurance held by persons who were in the military service after April 6, 1917, shall be converted, without medical examination, into such form or forms of insurance as may be prescribed by regulations and as the insured may request. Regulations shall provide for the right to convert into ordinary life, twenty-payment life, endowment maturing at age sixty-two, and into other usual forms of insurance, . . . Provisions for maturity at certain ages, for continuous installments during the life of the insured or beneficiaries, or both, for cash, loan, paid up and extended values, dividends from gains and savings, and such other provisions for the protection and advantage of and for alternative benefits to the insured and the beneficiaries as may be found to be reasonable and practicable, may be provided for in the contract of insurance, or from time to time by regulations. . . ."

The government, by its assignment of errors here, assails, as it did in the court below, the correctness of this ruling, but examination of the record discloses that no such objection was presented to the trial court. In consequence the government is precluded from raising the question on appeal.

The trial judge instructed the jury that respondent might recover either on the theory that his loss of hearing constituted in fact a permanent disability preventing his pursuit of any substantially gainful occupation, or that his loss of hearing of both ears, if permanent, was a permanent disability as defined by the policy. The jury was thus left free to return a verdict for respondent if it found that he had suffered permanent loss of hearing of both ears, regardless of its effect upon his ability to earn his livelihood. The government failed to question the correctness of these instructions either by exception or request to charge, and its motion for a directed verdict was upon other grounds not now material.

The verdict of a jury will not ordinarily be set aside for error not brought to the attention of the trial court. This practice is founded upon considerations of fairness to the court and to the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact. Beaver v. Taylor, 93 U.S. 46; Allis v. United States, 155 U.S. 117, 122, 123; United States v. United States Fidelity Guaranty Co., 236 U.S. 512, 529; Guerini Stone Co. v. Carlin Construction Co., 248 U.S. 334, 348; Pennsylvania R. Co. v. Minds, 250 U.S. 368, 375; Burns v. United States, 274 U.S. 328, 336; see Shannon v. Shaffer Oil Refining Co., 51 F.2d 878, 880. It is substantially that adopted by Rule 10, Subdivision 1, of the rules of the Court of Appeals for the Fifth Circuit, which requires the party excepting to the charge "to state distinctly the several matters of law" to which he excepts, and directs that "those matters of law, and those only, shall be inserted in the bill of exceptions."

In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings. See New York Central R. Co. v. Johnson, 279 U.S. 310, 318; Brasfield v. United States, 272 U.S. 448, 450. But no such case is presented here. The judgment must be affirmed for the reason that the error assigned was not made the subject of appropriate exception or request to charge upon the trial.

Affirmed.


Summaries of

United States v. Atkinson

U.S.
Feb 3, 1936
297 U.S. 157 (1936)

holding that errors which "seriously affect the fairness, integrity or public reputation of judicial proceedings" may be raised for the first time on appeal

Summary of this case from State v. Pacheco

finding no plain error where government failed to object to jury instructions in civil case, while noting that in "exceptional circumstances, especially in criminal cases," appellate courts may act in public interest to correct plain errors

Summary of this case from Walker v. Groot

recognizing that "in exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings"

Summary of this case from Chew v. United States

explaining that courts should provide relief under plain-error review only in "exceptional circumstances"

Summary of this case from Rosales-Mireles v. United States

stating that "[i]n exceptional circumstances, especially in criminal cases," appellate courts could "notice errors to which no exception has been taken"

Summary of this case from Atkins v. Hooper

observing that the practice of not correcting unpreserved errors is in part "founded upon considerations ... of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issues of law and fact"

Summary of this case from United States v. Williams

explaining that the principle against vacating verdicts because of errors not raised at trial "is founded upon considerations of fairness to the court and to the parties and of the public interest in bringing litigation to an end after fair opportunity has been afforded to present all issue of law and fact"

Summary of this case from United States v. Fairley

noting plain error “may be considered even though it was not brought to the court's attention”

Summary of this case from United States v. Modjewski

noting that such “exceptional circumstances” arise “especially in criminal cases”

Summary of this case from Hall v. City of Los Angeles

In United States v. Atkinson, 297 U.S. 157, 56 S.Ct. 391, 80 L.Ed. 555 (1936), the Supreme Court described "exceptional circumstances" when appellate courts on their own motion may, in the public interest, "notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings."

Summary of this case from United States v. TDC Management Corp.

In United States v. Atkinson, 297 U.S. 157, 56 S.Ct. 391, 392, 80 L.Ed. 555, the opinion of Mr. Justice Stone, page 160, recognized that "In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceeding."

Summary of this case from McNamara v. Dionne

In Atkinson, we note, in passing, the "plain error" charged (and denied by the Court) related to an instruction which gave the jury two bases, not one, for returning a verdict for the policy holder in the particular insurance policy there under consideration.

Summary of this case from United States v. Summerour

In United States v. Atkinson, 297 U.S. 157, 160, 56 S.Ct. 391, 80 L.Ed. 555 (1936), the United States Supreme Court has held: "In exceptional circumstances, especially in criminal cases, appellate courts, in the public interest, may, of their own motion, notice errors to which no exception has been taken, if the errors are obvious, or if they otherwise seriously affect the fairness, integrity or public reputation of judicial proceedings."

Summary of this case from In re Estate of Speers

stating that, in "exceptional circumstances," appellate courts may take notice of errors that "seriously affect the fairness, integrity or public reputation of judicial proceedings"

Summary of this case from State v. Bolton
Case details for

United States v. Atkinson

Case Details

Full title:UNITED STATES v . ATKINSON

Court:U.S.

Date published: Feb 3, 1936

Citations

297 U.S. 157 (1936)
56 S. Ct. 391
80 L. Ed. 555

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