Tomberlin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

The following opinion was filed February 7, 1933:

The defendant is here upon this appeal with the claim that it has been deprived of its constitutional right to a jury trial both under the state and federal constitutions. This is supported by an argument that an essential element of such constitutional jury trial is that the trial judge passed upon the sufficiency of the evidence to sustain the verdict of the jury with respect to every issuable fact, including damages. Upon the trial the jury returned a verdict acquitting the plaintiff of contributory negligence and finding the defendant…