 | Arizona. Supreme Court - 1905 - 544 pages
...the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside,...jury, but may direct a verdict for the defendant." Jones v. Railroad Co., 128 US 443, 9 Sup. Ct. 118, 32 L. Ed. 478. The principle is elementary that... | |
 | 1905 - 992 pages
...that, "when the evidence given at the trial, with all inferences that the jury could justifiably draw from it, is so insufficient to support a verdict for the plaintiff that such a verdict, if NOT., of to» powers by which the general language statute is limited. 2. It will not be supposed that... | |
 | 1905 - 1042 pages
...the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court may direct a verdict for the defendant." This court, in the case of Johnson v. Baltimore R. Co., 25... | |
 | Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, James Christopher Cahill, Basil Jones, James Max Henderson, Ray Smith - 1906 - 728 pages
...proposition. They say: "Where the evidence with all the inferences that a jury could justifiably draw from it, is so insufficient to support a verdict for...case to the jury, but may direct a verdict for the defendants." As authority for this doctrine they cite Simmons v. Chicago & Tomah RR Co., 110 Ill.,... | |
 | Thomas Johnson Michie - 1906 - 856 pages
...the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be set aside, the court may direct a verdict for the defendant. Woolwine v. Chesapeake, etc., R. Co., 35 W. Va. 329, 15 SE... | |
 | 1907 - 932 pages
...where the evidence given at the trial, with all the inferences that the jury could reasonably draw from it. is so insufficient to support a verdict for the plaintiff that the verdict must be set aside on that ground. It is not authorized where a prima facie case sufficient... | |
 | Thomas Beven - 1908 - 960 pages
...justifiably draw from it, is insufficient to support a verdict for the plaintiff — ie. where such u verdict, if returned, must be set aside, the Court...the jury, but may direct a verdict for the defendant : Goodlett v. Louisville, <bc. lid.. 122 US (15 Davis) 391, 411. " It would be an idle proceeding to... | |
 | Frederick Sackett - 1908 - 1032 pages
...evidence given at the trial, with all the inferences that the jury could justifiably draw from it, is 90 insufficient to support a verdict for the plaintiff...verdict, if returned, must be set aside, the court 196 INSTRUCTIONS TO JURIES. It is not the province of the court to decide upon the sufficiency of the... | |
 | 1908 - 848 pages
...justifiably draw from It, is insufficient to support a verdict for the plaintiff, so that such a verdictif returned, must be set aside, the court is not bound to submit the caseto the jury, hut may direct a verdict for the defendant. Improvement Co. v. Munson, 14 Wall. 442,... | |
 | James Barr Ames, Jeremiah Smith - 1909 - 760 pages
...plaintiff. The rule as declared by the Supreme Court of the United States is, that in such a case " the court is not bound to submit the case to the jury, but may direct a verdict for the defendant." Randall v. Baltimore & Ohio Railroad, 109 US 478. Schofield v. Chicago, Milwaukee, & St. Paul Railway,... | |
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It is the settled law of this court that, when the evidence given at the trial, with all the inferences which the jury could justifiably draw from it, is insufficient to support a verdict for the plaintiff, so that such a verdict, if returned, must be... 
