Patton v. Southern Ry. Co.

Citations

• 111 F. 712
• 49 C.C.A. 569
• 1901 U.S. App. LEXIS 4422

Syllabus

<p>1. Appeal and Error—Questions Reviewable—Granting New Trial.</p> <p>The rule of the federal courts that the action of a trial court in granting or refusing a new trial is not reviewable in the appellate court is not changed by the fact that such action was taken by the trial judge on his own motion, or that he refused to give his reasons therefor, in the absence of anything in the record showing an abuse of the judicial discretion vested in him.</p> <p>2. Same—Effect of Reversal—Second Trial.</p> <p>A decision of the circuit court of appeals on the record before it that the case should have been submitted to the jury is not controlling upon the trial court in a second trial, where the evidence is different.</p> <p>3. Trial—Direction of Verdict.</p> <p>The action of a trial court in directing a verdict for defendant in an action against a railroad company for a personal injury sustained, on the evidence in the record, on the ground that such evidence was insufficient to support a verdict for plaintiff.</p>