Norfolk & Western Railway Co. v. Sykes

Buchanan, Miller and Snead, JJ.,

dissenting.

Buchanan, J..:

We dissent from the conclusion reached by the majority in this case because we believe it is contrary to the established legal principle governing the weight of a jury’s verdict approved by the trial judge, as this one was, and because it gives no weight to facts which the jury could and did consider in arriving at their verdict.

The legal principle referred to is stated as recently as today in Bates v. Thompson, ante p. 501: “We have repeatedly held that if reasonable men may differ as to the conclusion of fact to be drawn from the…