Patton v. Texas & Pacific Railway Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Plaintiff in error, plaintiff below, brought his action against the defendant to recover for injuries sustained while in its employ as fireman. A judgment in his favor was reversed on April 10,1894, by the Circuit Court of Appeals. 23 U. S. App. 319; 9 C. C. A. 487. On a second trial in the Circuit Court the judge directed a verdict for the defendant, upon which judgment was rendered.
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ERROR TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. Plaintiff in error, plaintiff below, brought his action against the defendant to recover for injuries sustained while in its employ as fireman. A judgment in his favor was reversed on April 10,1894, by the Circuit Court of Appeals. 23 U. S. App. 319; 9 C. C. A. 487. On a second trial in the Circuit Court the judge directed a verdict for the defendant, upon which judgment was rendered. This judgment was affirmed by the Circuit Court of Appeals, 37 C. C. A. 56, and thereupon the case was brought here on error. . The facts were that…
1Opinion of the CourtJustice Bbeweb
The plaintiff’s, contention is that the trial court erred in directing a verdict for the defendant and in failing to leave the question of negligence to the jury.
That there are times when it is proper for a court to direct a verdict is clear. “It is well settled that the court may withdraw a case from them altogether and direct a verdict for the plaintiff or the defendant, as the one or the other may be proper, where the evidence is undisputed, or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned…
2Cases cited18 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
13 more not listed; retrieve them via the Exa API.
3Cited by557 opinions
- Gunning v. CooleySupreme Court of the United States · 1930
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
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