Robinson v. Denver City Tramway Co.

Citations

• 164 F. 174
• 90 C.C.A. 160
• 1908 U.S. App. LEXIS 4619

Syllabus

<p>1. Master and Servant — Evidence?—Action foe Negligence of Servant— Prior Conduct.</p> <p>In an action against an employer, where the sole charge is that an employe was negligent on a particular occasion, it is irrelevant to prove that he, or some other employe, had been negligent oh other occasions.</p> <p>2. Same — Municipal Ordinance Not Available Unless Pleaded.</p> <p>A municipal ordinance is not a public statute, but a mere municipal regulation, and to make it available in establishing a charge of negligence it must be pleaded, like any other fact of which judicial notice will not be taken.</p> <p>3. Appeal and Error — Erroneous Charge No Ground fob Reversal, if Without Prejudice.</p> <p>Whilst questions of fact may not be retried on a writ of error, errors in the charge to the jury may be disregarded, if, upon all the evidence properly admitted, a verdict in favor of the unsuccessful party could not lawfully be sustained, and there be no erroneous exclusion of evidence offered by him.</p> <p>4. Trial — Question for Court or Jury — Direction of Verdict.</p> <p>When the evidence is undisputed, or is so clearly preponderant that the court, in the exercise of a sound judicial discretion, could give effect to but one verdict, the case may, and should, be withdrawn from the jury, and their verdict directed.</p> <p>(Syllabus by the Court.)</p>