Barstow v. Capital Traction Co.
District of Columbia Court of Appeals
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 personal injuries. The Court in the opinion stated the facts as follows: This action was brought in the supreme court of the District by the appellant, Paul D. Barstow, an infant, through his father, Francis D. Barstow, as his next friend.
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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 personal injuries. The Court in the opinion stated the facts as follows: This action was brought in the supreme court of the District by the appellant, Paul D. Barstow, an infant, through his father, Francis D. Barstow, as his next friend. The court below directed a verdict for the defendant, the Capital Traction Company, and this appeal resulted. The sole question involved is whether the court erred in holding that there…
1Opinion of the CourtJustice Robb
It has many times been ruled that it is the duty of the trial court to direct a verdict when the evidence introduced at the trial, with all the inferences that the jury may justifiably draw therefrom is insufficient to support a verdict; but “where the sufficiency of the evidence to establish a necessary fact is fairly a question of doubt, it is the province of the jury to pass upon it, with proper instructions by the court as to the law of the particular case made by the evidence. The jury are the judges of the credibility of the witnesses and the weight of their testimony, and it is only…
2Cases cited19 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Powers v. HarlowMichigan Supreme Court · 1884
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Higashi v. ShifflettCourt of Appeals for the D.C. Circuit · 1952
- Stevens v. HallDistrict of Columbia Court of Appeals · 1978
- Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
- Herrell v. PimslerDistrict Court, District of Columbia · 1969
- Ballard v. PollyDistrict Court, District of Columbia · 1975
7 more not listed; retrieve them via the Exa API.