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eBook details

• Title: Randall v. Baltimore & O. R. Co.
• Author : United States Supreme Court
• Release Date : January 10, 1883
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

John K. Cowen and C. Boggess, for defendant in error. 1. It is the settled law of this court that when the evidence given at the trial, with all inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court is not bound to submit the case to the jury, but may direct a verdict for the defendant. Pleasants v. Fant, 22 Wall. 116; Herbert v. Butler, 97 U. S. 319; Bowditch v. Boston, 101 U. S. 16; Griggs v. Houston, 104 U. S. 553. And it has recently been decided by the house of lords, upon careful consideration of the previous cases in England, that it is for the judge to say whether any facts have been established by sufficient evidence from which negligence can be reasonably and legitimately inferred; and it is for the jury to say whether from those facts, when submitted to them, negligence ought to be inferred. Metropolitan Ry. Co. v. Jackson, 3 App. Cas. 193.

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