Clark v. Jenkins
Massachusetts Supreme Judicial Court
Tort, under St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendants’ employ. At the trial in the Superior Court, before Bishop, J., the defendants moved, at the close of the plaintiff’s case, that the jury be directed to find a verdict for the defendants, on the ground that there was not sufficient evidence to sustain a verdict for the plaintiff, which motion was denied.
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Tort, under St. 1887, c. 270, for personal injuries occasioned to the plaintiff while in the defendants’ employ. At the trial in the Superior Court, before Bishop, J., the defendants moved, at the close of the plaintiff’s case, that the jury be directed to find a verdict for the defendants, on the ground that there was not sufficient evidence to sustain a verdict for the plaintiff, which motion was denied. At the close of the defendants’ case they renewed the motion, which was again denied. The jury found for the plaintiff, and the defendants moved that the verdict be set aside for the…
1Opinion of the CourtAllen, J.
The cases cited for the plaintiff show that it is sometimes said to be the duty of the court to direct the jury to return a verdict for the defendant, in cases where the whole evidence is insufficient to support a verdict for the plaintiff.* The rule as declared by the Supreme Court of the United States is, that in such a case “ the court is not bound to submit the case to the jury, but may direct a verdict for the defendant.” Randall v. Baltimore & Ohio Railroad, 109 U. S. 478. Schofield v. Chicago, Milwaukee, & St. Raul Railway, 114 U. S. 615. In the present case, the court may have thought…
2Cases cited13 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Scripps v. ReillyMichigan Supreme Court · 1878
- Linkhauf v. . LombardNew York Court of Appeals · 1893
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3Cited by9 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Niland v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1911
- McCann v. New York & Queens County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Moylon v. D. S. McDonald Co.Massachusetts Supreme Judicial Court · 1905
- Brown v. Paterson Parchment Paper Co.Supreme Court of New Jersey · 1903
4 more not listed; retrieve them via the Exa API.