Keller v. Brooklyn Bus Corporation

As I am far less experienced in deciding jury cases on appeal than my very wise colleagues, for whose views I entertain the sincerest respect, I have hesitated to disagree with them in this case. But this seems to me an instance of Homer nodding. I think the majority opinion unwisely overrules former decisions of this court, disregards rulings of other Circuit Courts of Appeals, and has the effect of improperly substituting — contrary to the Seventh Amendment as construed recently by the Supreme Court — a judicial for a jury verdict in a case in which, as my colleagues say, the evidence is…