Legal Opinion · Dissent

Kilmer v. Norfolk & W. Ry. Co.

Court of Appeals for the Fourth Circuit

Decided November 17, 1930No. 2961Published

1DissentHayes, District Judge

The evidence as to negligence and contributory negligence is sufficient to create a question for the determination of the jury. It is not the duty of this court to determine the preponderance of the evidence. K sizch were the ease, it would be easier to concur in *538the result. Since a verdict was directed in favor of the defendant, we must consider the evidence and all reasonable inferences to be deducted therefrom in the light most favorable to plaintiffs. .This principle is too well established to require citation of authority.

The plaintiffs were injured at a public railroad crossing, and the…

2Cases cited20 opinions

  1. Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
  2. Little v. HackettSupreme Court of the United States · 1886
  3. Northern Pacific Railroad v. FreemanSupreme Court of the United States · 1899
  4. Cavendish v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1924
  5. Krodel v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1925

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