 ... or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it.  The Law of Torts - Page 312by Melville Madison Bigelow - 1903 - 422 pagesFull view - About this book
 | Law reports, digests, etc - 1897 - 642 pages
...is evidence, from which the jury can properly find the question for the sound, judicial discretion, would be compelled to set aside a verdict returned in opposition to it. Delaware L. & WR Co. v. Converse, 139 US 469. Eister v. Paul, 54 Pa. 196. Schempp v. Fry, 165 Id. 510.... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1897 - 598 pages
...undisputed or is of such conclusive character that the court in the exercise of a sound judicial discretion would be compelled to set aside a verdict returned in opposition to it, the court should withdraw the case from the jury. Ry. Co. v. Houston, 95 TJ. 8. 697; Anderson County... | |
 | Law reports, digests, etc - 1899 - 2060 pages
...jury, under appropriate instructions in respect to contributory negligence. It is entirely true that, when the undisputed evidence is so conclusive that...set aside a verdict returned in opposition to it, it should withdraw the case from the consideration of the jury, and direct a verdict; but ordinarily negligence... | |
 | Law reports, digests, etc - 1905 - 1124 pages
...error. In determining whether a case shall be taken from the jury, the test question is whether or not the undisputed evidence is so conclusive that the court would be compelled to set aside a verdict rendered in opposition to it. Elliott v. Chicago, Milwaukee, etc., Railway, 150 US 245, 14 Sup. Ct.... | |
 | Law reports, digests, etc - 1894 - 2074 pages
...was of such a conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it, it was the duty of the court to direct a verdict for the defendant. Railway Co. v. McDonald (decided by... | |
 | Law reports, digests, etc - 1917 - 2042 pages
...or is of such conclusive character that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it. Delaware, Lackawanna, etc., Railroad v. Converse, 139 TJ. S. 4G9, 472 [11 Sup. Ct 569, :;5 L. Ed. 2131,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1896 - 1244 pages
...is undisputed, or Is во conclusive that the court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it. 2. A car repairer, who had been engaged for three yenrs in that work, went under the last car of a... | |
 | Law reports, digests, etc - 1902 - 988 pages
...undisputed, or is of such conclusive character that the court, in theexercise of a sound judicial discretion, would be compelled to set aside a verdict returned in opposition to it. Phoenix Síut. L, Ina. Uo. v. Doster, 106 US 30, 32, 27 L. ed. 65, 66, l Sup. Ct. Rep. 18; Griggs T^... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...or is of such conclusive character that the court, in the exercise of a soimtl judicial discretion, would be compelled to set aside a verdict returned in opposition to it. Insurance Co. v. Doster, lOe US 30, 32, 1 Sup. Ct. IS; Griggs v. Houston, 101 US 553; Rnndall v. Railroad... | |
 | Law reports, digests, etc - 1895 - 1162 pages
...of negligence or of contributory negligence are ordinarily questions of fact to be passed upon by я jury, yet, when the undisputed evidence is so conclusive...the court would be compelled to set aside a verdict in opposition to it, the court may withdraw the case from the consideration of the jury, and direct... | |
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