Smith v. Baltimore & O. R.
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Southern District of West Virginia, at Huntington; Benjamin F. Keller, Judge. Action at law by Frances E. Smith, an infant, by her next friend, Isaac V. Smith, against the Baltimore & Ohio Railroad Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WOODS, Circuit Judge.
[1] This action for personal injuries resulted in a verdict for the defendant by direction of the District Judge; and the main question presented to this court is whether the evidence on behalf of the plaintiff made an issue of negligence on the part of the defendant which should have been submitted to the jury. In deciding this question the settled rule of guidance is that an issue of fact is made for the jury whenever reasonable men might fairly differ as to the inference to be drawn from the evidence bearing on a vital point. Richmond, etc., R. R. v. Powers, 149 U. S.…
2Cases cited17 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Southern Railway Co. v. ChatmanSupreme Court of Georgia · 1906
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Texas & Pacific Railway Co. v. HarveySupreme Court of the United States · 1913
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sears v. Texas & N. O. Ry. Co.Texas Commission of Appeals · 1924
- Bird v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- Brien v. Detroit United Ry.District Court, E.D. Michigan · 1917
- Bird v. United StatesCourt of Appeals for the Ninth Circuit · 1928
- Gray v. Southern Railway Co.Supreme Court of North Carolina · 1914