Reginald Law v. Virginia Stage Lines, Inc., a Corporation

With deference, I think this court, like the trial judge, has usurped the jury’s function in assessing the credibility of witnesses. The testimony in this case was in conflict concerning the critical questions of the speed of the bus and the speed of the pedestrian just prior to the collision. That conflict was both serious and substantial, and the jury’s resolution was crucial to the issue of liability. I agree with appellant that the evidence of the bus driver’s negligence was sufficient to raise a jury question, and that the trial judge erroneously refused to instruct the jury that…