Garrett v. Pennsylvania R.

The rule requiring the direction of a verdict where the evidence is undisputed or of such a conclusive character that a verdict against it would be set aside by the court is well established. Equally well settled is the rule that a mere scintilla of evidence does not call for its submission to a jury. Small Co. v. Lamborn & Co., 267 U. S. 248, 254, 45 S. Ct. 300, 69 L. Ed. 597; Mearns v. B. & O. S. W. R. (C. C. A.) 284 F. 31. It seems to the writer, however, that the evidence, inferences and presumptions in the instant case necessitated their submission to the jury for its determination of…