Patton v. Southern Ry. Co.
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court oí the United States for the Western District of North Carolina.
1Opinion of the Court
BRAWLEY, District Judge.
It is difficult to mark with prensión the exact line which separates the functions of the judge from the functions of the jury in actions of negligence; for this being a mixed question of law and fact, and the terms by which it is usually defined having a relative significance, the rule requiring judges to decide questions of law, and juries to decide questions of fact, is perplexed with subtleties when applied to the special circumstances of each particular case. When the facts are undisputed, and such that all reasonable minds must draw the same conclusion from them,…
2Cases cited8 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
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3Cited by19 opinions
- Bolkhir v. North Carolina State UniversitySupreme Court of North Carolina · 1988
- Gordon v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1906
- Wabash Screen Door Co. v. BlackCourt of Appeals for the Sixth Circuit · 1903
- New York, N. H. & H. R. v. VizvariCourt of Appeals for the Second Circuit · 1913
- Nord v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
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