Hathaway v. East Tennessee, V. & G. R. R.
U.S. Circuit Court for the Southern District of Georgia
Action on the case against a railroad company for damages. Motion for direction of verdict.
1Opinion of the CourtSpeer, J.
The question whether or not negligence existed is generally a question for the jury. It has been held that the case should always go to the jury (1) when the facts which, if true, would constitute evidence of negligence, are controverted; (2) where such facta *490are not controverted, but where there might be a fair difference whether the inference of negligence should be drawn; (3) when at the same time the facts are in dispute, and the inferences to be drawn from them are doubtful. In other words, the question of negligence is for the jury when there is substantial doubt as to the facts, or as…
2Cases cited11 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Massey v. SellerOregon Supreme Court · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Miller v. Gerber Products Co.Supreme Court of Georgia · 1950
- Jordan v. Hanover Fire InsuranceSupreme Court of North Carolina · 1909
- Knox v. FullerWashington Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.