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· 4/14/1890

Louisville & Nashville Railroad v. Woodson

Citations

  • 134 U.S. 614
  • 10 S. Ct. 628
  • 33 L. Ed. 1032
  • 1890 U.S. LEXIS 2000

Syllabus

<p>The statute of Tennessee which provides that “ not more than two new trials shall be granted'to any party in any action at law; or upon the trial by a jury of an issue of fact in' equity,” Code of 1884, 735, § 3835, having been construed by the courts of that State to refer to a state of case wheré, in the opinion of the court, the Verdict should have been otherwise than as rendered, because of the insufficiency of the evidence to sustain it — and not to a cáse where there is no evidence at all to sustain it — is not in conflict with the Fourteenth Amendment to the Constitution-; while the Fifth Amendment has no application to it.</p> <p>It is settled law in this court that when the evidence given at the trial, with all the inferences that the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff,' so that such a verdict, if returned, must be set aside,.the court is not bound to submit the case to the jury, but may direct a verdict for the defendant; while, on the other hand, the case, shoxfld be left to the jury, unless the conclusion follows,. as matter of law, that no recovery can be had upon any view which can . be properly taker; of the facts which the evidence tends to establish.</p>

Judges: Fuller

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