Raines v. Chesapeake & O. R'y Co.
West Virginia Supreme Court
I. — On a motion to strike out all the evidence, the court should consider the evidence which is cts/ced to be excluded with all favor, and draw therefrom all the inferences it woidd be entitled to, if the party making the motion to exclude had demurred to the evidence. — 30 W. Ya. 228. II.— A motion by defendant to exclude the 'plaintiff’s evidence, upon the ground that it is not sufficient to warrant- a verdict in his favor, will not be granted, if there be any evidence,…
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I. — On a motion to strike out all the evidence, the court should consider the evidence which is cts/ced to be excluded with all favor, and draw therefrom all the inferences it woidd be entitled to, if the party making the motion to exclude had demurred to the evidence. — 30 W. Ya. 228. II.— A motion by defendant to exclude the 'plaintiff’s evidence, upon the ground that it is not sufficient to warrant- a verdict in his favor, will not be granted, if there be any evidence, which tends, in any degree, however slight, to prove the plaintiff’s case. If it tend to prove the plaintiff’s case in…
1DissentDeNT, Judge
The facts in this case are as follows, to wit: The deceased was a'trespasser on the track of the defendant within the corporate limits of the town of Montgomery (one thousand five hundred population) at a place the people were in the habit of using as a walkway. It was about 5 o’clock p. m. — the time for the regular passenger train. An engine had but a few moments before passed over the track. Deceased was walking with his head down, apparently absorbed in studying some paper. He was going east, with his back to the approaching train. The train whistled for the station from one hundred to…
2Cases cited1 opinion
- Finlayson v. Chicago, B. & Q. R.U.S. Circuit Court for the District of Iowa · 1871