Anglin v. Texas & Pac. Ry. Co.
Court of Appeals for the Fifth Circuit
In error to the Circuit Court of the United States for the Northern District of Texas. Action by John G. Anglin against the Texas & Pacific Railway Company. The court directed the jury to find for the defendant, and judgment was rendered accordingly. Plaintiff brings error.
1Opinion of the Court
TOULMIN, District Judge.
On the assignment of errors in this case, .the only question to be considered is whether it was proper for the trial court to instruct the jury to find for the. defendant, or whether the case should have been left to the jury. It is well settled by the decisions of the United States supreme court that “a case should not be withdrawn from the jury unless the conclusion follows, as a matter of law, that no recovery can be had, upon any view which can be properly taken of the facts the evidence tends to establish.” Railway Co. v. Cox, 145 U. S. 593, 12 Sup. Ct. 905;…
2Cases cited3 opinions
- Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
- Kohn v. McNultaSupreme Court of the United States · 1893
- Texas & P. Ry. Co. v. MinnickCourt of Appeals for the Fifth Circuit · 1893
3Cited by1 opinion
- White v. Thomasville Light & Power Co.Supreme Court of North Carolina · 1909