Delaware, Lackawanna & Western Railroad v. Converse

Citations

• 139 U.S. 469
• 11 S. Ct. 569
• 35 L. Ed. 213
• 1891 U.S. LEXIS 2398

Syllabus

<p>The court may withdraw a case from the jury, and direct a verdict for plaintiif or defendant, as the case may lie, when the undisputed evidence is so conclusive that the court would be compelled to set aside a verdict returned in opposition to it.</p> <p>The severing of a train of cars in motion on a railroad in the night time, leaving a part, uncontrolled except by ordinary brakes, to run across a public highway at grade, without warning by either flagman, bell, whistle or in some other effective way, that they wore approaching, is a disregard of the rights of persons using the highway, and it justified the court in saying, as matter of law, that it constituted negligence on the part of the railroad company, for which the plaintiff could recover unless he had been guilty of contributory negligence.</p> <p>The instructions of the court properly submitted to the jury the question whether the plaintiff was guilty of contributory negligence; and, the jury having passed upon that issue, this court cannot review their finding. The rulings of. the court admitting or refusing to admit evidence on sundry points were no error, having rightly held the defendant guilty of negligence, leaving the jury to determine whether the plaintiff was guilty of contributory negligence.</p>