Baylis v. Travellers' Insurance

Citations

• 113 U.S. 316
• 5 S. Ct. 494
• 28 L. Ed. 989
• 1885 U.S. LEXIS 1685

Syllabus

<p>When parties do not waive the right of trial by jury, the court may not substitute itself for a jury, by passing upon the effect of the evidence — finding the facts — and rendering judgment thereon.</p> <p>At the trial of this case, after close of the testimony, defendant moved to dismiss on the ground of the insufficiency of the evidence to sustain a verdict. This motion being denied, plaintiff asked that the case be submitted to the jury to determine the facts on the evidence. The court refused this, and plaintiff excepted. The court then ordered a verdict for plaintiff,, subject to its opinion, whether the facts proved were sufficient to render defendant liable to plaintiff on the cause of action stated. Plaintiff moved for judgment on the verdict, and defendant moved for judgment on the pleadings and minutes of trial. Judgment was rendered for defendant, upon an opinion of the court as to the effect of the evidence, and as to the law on the facts as deduced from it by the court: Held, That the plaintiff was thereby deprived of his constitutional right to a trial by jury, which he had not waived, and to which he was entitled.</p>