Tyler v. Chesapeake & Ohio R. R.

Citations

• 88 Va. 389
• 13 S.E. 975
• 1891 Va. LEXIS 49

Syllabus

<p>1. Courts—Juries—Their prorine.es—Xev trial.—In Virginia questions of law, such as the admissibility of evidence, are for the court. Questions of fact, such as the weight of evidence, are for the jury. When evidence' is parol, any expression of opinion by the court as to weight, effect, or sufficiency of the evidence, or any assumption of a fact as proved, will be an invasion of the province of the jury, for which a verdict will be set aside, and a new trial awarded.</p> <p>2. Instructions—2mc trial—Case at, bar.—Section-master, going on hand-car to load scrap iron, allowed the plaintiff to go along if he would assist. On return hand-car collided with a train, injuring plaintiff, who sued the company. At trial the court instructed the jury as follows: “ The court, being of opinion that it could not be fairly inferred from the testimony that plaintiff was either a passenger or an employee of the company, and that it was fairly inferrable that he was aware of the rules of the company prohibiting persons from riding on the hand-cars,” &e.;</p> <p>Held :</p> <p>Such an invasion of the province of the jury as entitled plaintiff to a new trial.</p>