Bennett v. Barber
Supreme Court of Delaware
Wolcott, Chancellor, Richards, C. J., Terry and Layton, J. J., Seitz, Vice-Chancellor, and Herrmann, J., sitting.
1Opinion of the Court
Layton, J.:
At the close of Plaintiff’s case and again at the end of the trial Defendant moved for a directed verdict upon the ground that Plaintiff had failed to establish actionable negligence on his part. Defendant has assigned the Trial Court’s refusal to grant this motion as his first ground of appeal.
It is not our function to review the record in an effort to determine whether the Plaintiff has established Defendant’s negligence by a preponderance of the evidence. The scope of our inquiry is limited solely to a determination whether there was evidence from which it fairly could be found…
2Cases cited6 opinions
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
- Seaman Field v. United StatesSupreme Court of the United States · 1834
- Island Express, Inc. v. FrederickSupreme Court of Delaware · 1934
- Arthurs v. HartSupreme Court of the United States · 1854
- Rudnick v. JacobsSuperior Court of Delaware · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Savino Dagnello v. Long Island Rail Road CompanyCourt of Appeals for the Second Circuit · 1961
- Storey v. CastnerSupreme Court of Delaware · 1973
- Conklin v. SchillingerCourt of Appeals of Maryland · 1969
- Riegel v. Aastad Ex Rel. AastadSupreme Court of Delaware · 1970
- Turner v. VineyardSupreme Court of Delaware · 1951
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