Louisville & N. R. v. Roberts
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by B..E. Roberts, administrator of the estate of John Wesley Roberts, deceased, against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant brings error.
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In Error to the Circuit Court of the United States for the Western District of North Carolina, at Asheville. Action by B..E. Roberts, administrator of the estate of John Wesley Roberts, deceased, against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant brings error. At or near McKays Station, in Tennessee, on May 1, 1906, decedent, Roberts, 18 years of age, and in the. employ of the railroad company for some 3 months prior, was engaged with others under Lindsay, a section extra gang foreman, in constructing a second or additional viaduct under a certain fill…
1Opinion of the CourtDayton, District Judge
(after stating the facts as above). In the view which we take of this case it becomes wholly unnecessary for us to consider in detail the numerous assignments of error. It is sufficient for us to say that, in the federal practice, it is well settled that it is the duty of the trial court to direct a verdict when the evidence is undisputed, or is of such a conclusive character that the court would, in the exercise of a sound judicial discretion, be compelled to set aside a verdict rendered in opposition to it. Travelers’ Ins. Co. v. Selden, 24 C. C. A. (Fourth Circuit) 92, 78 Fed. 285;…
2Cases cited6 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Travelers' Ins. Co. v. SeldenCourt of Appeals for the Fourth Circuit · 1897
- Sealey v. Southern Ry. Co.Court of Appeals for the Fourth Circuit · 1907
- Southern Ry. Co. v. CarrollCourt of Appeals for the Fourth Circuit · 1905
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