Toledo, St. L. & W. R. v. Howe

Citations

• 191 F. 776
• 112 C.C.A. 262
• 1911 U.S. App. LEXIS 4985

Syllabus

<p>1. Appeal and Error (§ 989*) — Review—Verdicts—Sufficiency of Evidence.</p> <p>An appellate court of the United States cannot weigh the evidence to determine whether or not it is sufficient to sustain a verdict.</p> <p>[Ed. Note. — -For other cases, see Appeal and' Error, Cent. Dig. § 3897,' Dec. Dig. § 989.*]</p> <p>2. Trial (§ 139*) — Taking Case from Jury — Power of Court — Sufficiency of Evidence.</p> <p>A motion by a defendant for a directed verdict must be overruled where the evidence presented by the plaintiff,' if believed by the jury, will sustain the cause of action.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 332-311, 365; Dec. Dig. § 139.*]</p> <p>3. Trial (§ 139*)-tDirection of Verdict — Power of Court.</p> <p>The evidence to warrant the submission of a ease to the jury must be substantial in character, leading logically to a conclusion favorable to the plaintiff, and not merely such as to give rise to conjecture or guessing or to involve the .weighing of probabilities.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 332-341, 365; Dea • Dig. § 139.*]</p> <p>4. Trial (§ 178*) — -Direction of Verdict — Determination of Motion.</p> <p>In considering a motion for a directed verdict, the trial judge should not draw conclusive inferences from the proof against the plaintiff in matters which may be subject to reasonable explanation, or exclude from consideration an explanatory hypothesis favorable to the plaintiff and sustained by the evidence.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 401-403; Dec. Dig. § 178.*]</p> <p>5. Trial (§ 139*) — Direction of Verdict — Grounds.</p> <p>A case should be submitted to the jury, unless as a matter of law no recovery could be had upon any view which could properly be taken of the facts the evidence tends to -establish.</p> <p>LEd. Note.- — For other cases, see Trial, Cent. Dig. §§ 332-341, 365; Dec. Dig. § 139.*]</p> <p>6. Negligence (§ 136*) — Actions fob Negligence —