Cornette v. Baltimore & O. R.

Citations

• 195 F. 59
• 115 C.C.A. 61
• 1912 U.S. App. LEXIS 1341

Syllabus

<p>1. Courts (§ 354*)—Judgment (§ 199*)—Federal Courts—Conformity to State Practice.</p> <p>The federal courts conform to the procedure prescribed by Act Pa. April 22, 1905 (P. L. 286), giving a party requesting binding instructions which have been refused the right to move the court to have all the evidence taken on the trial certified and filed so as to become a part of the record, and for judgment non obstante veredicto on the whole record, and a federal court on motion for judgment non obstante veredicto may order that the evidence taken by an official stenographer, becoming under Act Pa. May 1, 1907 (P. L. 135), a sworn officer of the court, be certified and filed so as to become a part of the record.</p> <p>[Kd. Note.—For other cases, see Courts, Cent. Dig. § 934; Dec. Dig. i 354 ;* Judgment, Cent. Dig. §§ 367-375; Dec. Dig. § 199.*</p> <p>Conformity of practice in common-law actions to that of state court, see notes to O'Connell v. Reed, 5 C. C. A. 594; Nederland Life Ins. Co. v. Hall, 27 C. O. A. 392.]</p> <p>2. Courts (§ 116*)—Nunc Pro Tunc—Remedy.</p> <p>A federal court ordering on a motion for judgment that all the evidence on the trial shall he certified and filed so as to be a part of the record in the case, and having the testimony before it when entering judgment based thereon, may at a subsequent term correct the omission of the clerk to mark the evidence filed and the judge to certify that it is correct, and thereby make the evidence a part of the record.</p> <p>fEd. Note.—For other cases, see Courts, Cent. Dig. §§ 369-373; Dec. Dig. § 116.*]</p> <p>3. Carriers (§ 318*)—Passengers—Injuries—Evidence.</p> <p>Where a passenger suing for injuries caused by her hand being caught between a door and the frame of the car while alighting did not show the cause of the door swinging and catching her hand, or any act of commission or omission of the carrier or its servants, she failed to show facts justifying an inference of the carrier’s negligence.</p> <p>TEd