Texas & Pacific Railway Co. v. Swearingen
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. The facts are stated in the opinion. In every case before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing ft, upon whom the burden of proof.is imposed.
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ERROR TO THE CIRCUIT COURT OP APPEALS POR THE FIFTH CIRCUIT. The facts are stated in the opinion. In every case before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing ft, upon whom the burden of proof.is imposed. Improvement Co. v. Munson, 14 Wall. 448; Commissioners &c. v. Clark, 94 U: S. 278, 284; Pleasants v. Fant, 22 Wall: 120; Randall v. B. & 0. Ry. Co., 109 U. S. 482 -, Railway Co. v. Converse, 139…
1Opinion of the CourtJustice White
This suit was commenced- in a state court by W. W. Swear-ingen, the defendant in error, and, on the application of the defendant, the Texas and Pacific Railway Company, was removed to the Circuit Court of the United States as one arising under the laws of the United’States, because the railway company was chartered under an act of Congress.
The action was to recover damages for personal injuries sustained by reason of the alleged negligence of the defendant company, in whose service at the time of the injury the plaintiff was employed as a. switchman. The negligence alleged on the part of the…
2Cases cited1 opinion
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
3Cited by85 opinions
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Butler v. FrazeeSupreme Court of the United States · 1908
- Bankers Trust Co. v. Texas & Pacific Railway Co.Supreme Court of the United States · 1916
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
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