Legal Opinion · Dissent

Baltimore & O. R. Co. v. Postom

Court of Appeals for the D.C. Circuit

Decided July 11, 1949No. 9826Published

1DissentWilbur K. Miller, Circuit Judge

I agree, of course, with these statements in the court’s opinion: “ * * * To justify the submission of a case to the jury and to permit its verdict to stand, it is necessary that there be substantial evidence to support either conclusion that may be reached. A mere scintilla of evidence is not sufficient. Substantial evidence is evidence of such quality and weight as would be sufficient to justify a reasonable man in drawing the inference of fact that is sought to be sustained.” But the court should have added to those observations the settled rule that when the testimony of a witness is…

2Cases cited22 opinions

  1. Louisville & Nashville Railroad v. ChambersCourt of Appeals of Kentucky · 1915
  2. F. W. Woolworth Co. v. DavisCourt of Appeals for the Tenth Circuit · 1930
  3. CHICAGO, M., ST. P. & PRR CO. v. LinehanCourt of Appeals for the Eighth Circuit · 1933
  4. Missouri, K. & T. Ry. Co. v. CollierCourt of Appeals for the Eighth Circuit · 1907
  5. Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903

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