Northern Pac. R. v. Conger
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Minnesota. Statement by CALDWELL, Circuit Judge: This was an action at law, brought by P. P. Conger, the defendant in error, against the Northern Pacific Railroad Company, plaintiff in error, in the circuit court of the United States for the fifth division of the district of Minnesota, to recover $25,000 damages, for a personal injury» which the plaintiff alleged he sustained through the negligence of the…
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In Error to the Circuit Court of the United States for the District of Minnesota. Statement by CALDWELL, Circuit Judge: This was an action at law, brought by P. P. Conger, the defendant in error, against the Northern Pacific Railroad Company, plaintiff in error, in the circuit court of the United States for the fifth division of the district of Minnesota, to recover $25,000 damages, for a personal injury» which the plaintiff alleged he sustained through the negligence of the defendant. There was a jury trial, and a verdict for the plaintiff for $12,000, for which judgment was rendered. On a…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating tbe facts as above.) It is assigned for error that the court refused, at the request of the defendant, at the close of all the evidence in the case, to return a verdict for the defendant. The plaintiff’s evidence, if believed, was sufficient to sustain the verdict. This is not contested, but it is said the plaintiff’s witnesses were unworthy of credit, and that their testimony was disproved by the witnesses for the defendant. It was for the jury to say whether, and how far, the evidence was to be believed. If, by giving credit to the plaintiff’s…
2Cited by6 opinions
- Parrent v. Mobile Ohio Railroad Co.Supreme Court of Missouri · 1934
- Chicago, R. I. & P. Ry. Co. v. SharpCourt of Appeals for the Eighth Circuit · 1894
- Northern Pac. R. v. TeeterCourt of Appeals for the Eighth Circuit · 1894
- Grand Trunk Ry. Co. v. BlayCourt of Appeals for the Second Circuit · 1924
- Northern Pac. R. v. BehlingCourt of Appeals for the Eighth Circuit · 1893
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