Southern Railway-Carolina Division v. Bennett
Citations
- 233 U.S. 80
- 34 S. Ct. 566
- 58 L. Ed. 860
- 1914 U.S. LEXIS 1273
Syllabus
<p>Qucere, whether ordinary questions of negligence áre open in this court in a case coming from the state court based on the Federal Employers’ Liability Act.</p> <p>An isolated phrase in the charge in a case involving the fall of an engine, which did not amount to res ipsa loquitur, but was to the effect that proof of a defect in the appliances that the master was bound to use care to keep in order and which usually would be in order if due care was taken was prima facie evidence of neglect, held, in this case, not to be reversible error, no attention having been called to the expression at the time.</p> <p>Whether upon the evidence the verdict is excessive is a matter for .the trial court and not to be reexamined on writ of error. Herencia v. Guzman, 219 U. S. 44.</p> <p>Even though the verdict may seem large to this court, it cannot reverse on that ground in the absence of error which warrants imputing to judge and jury a connivance in escaping the limits of the law.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \[A] case of mere excess upon the evidence is a matter to be dealt with by the trial court. It does not present a question for reexamination here upon a writ of error\
- “[A] case of mere excess upon the evidence is a matter to be dealt with by the trial court. It does not present a question for reexamination here upon a writ of error”
- “It may be admitted that if it were true that the excess appeared as [a] matter of law; that if, for instance, the statute fixed a maximum and the verdict exceeded it, a question might arise for this court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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