Guenther v. Metropolitan Railroad
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover damages for the alleged negligent killing of the plaintiff’s intestate.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District of Columbia on a verdict directed by the court in an action to recover damages for the alleged negligent killing of the plaintiff’s intestate. The Court in the opinion stated the case as follows: This action was begun by the administrator of Nelson J. E. Guenther’s estate, on behalf of the intestate’s widow and next' of kin, to recover damages sustained by reason of his death from injuries received through the negligence of defendant. The appeal is from the judgment for defendant entered on a. verdict…
1Opinion of the CourtJustice Shepard
1. The conditions under which a case may be withdrawn from the jury are well established. See Adams v. Washington & G. R. Co. 9 App. D. C. 26, 31, and cases there cited.
Without their restatement it is sufficient to say that this judgment ought to be reversed unless it is plain from the evidence in the record — so plain that all reasonable minds must fairly reach the same conclusion — that the plaintiff has failed to make out a case sufficient in law to support a verdict in his favor.
Three issues of mixed law and fact are involved, and plaintiff’s failure on any one of these to make out a case…
2Cases cited16 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Helen Hanna, Cicero Hanna v. Annie C. Fletcher, Trustee of Estate of Florence Johnson, Benjamin F. Fletcher, and Fred S. Gichner Iron Works, Inc.Court of Appeals for the D.C. Circuit · 1956
- Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971
- Smith v. PEOPLES LIFE INSURANCE COMPANYDistrict of Columbia Court of Appeals · 1966
- Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971
- Helen Hanna, Cicero Hanna v. Annie C. Fletcher, Trustee of Estate of Florence Johnson, Benjamin F. Fletcher, and Fred S. Gichner Iron Works, Inc.Court of Appeals for the D.C. Circuit · 1956
1 more not listed; retrieve them via the Exa API.