Dernberger v. Baltimore & O.R. Co.
Decision Date | 31 July 1916 |
Citation | 234 F. 405 |
Parties | DERNBERGER v. BALTIMORE & O.R. CO. |
Court | U.S. Court of Appeals — Fourth Circuit |
R. E Bills, C. M. Hanna, and Reese Blizzard, all of Parkersburg W. Va., for plaintiff.
James W. Vandervort and B. M. Ambler, both of Parkersburg, W. Va for defendant.
Upon the trial of this case, I felt, under the law, in duty bound to sustain the defendant's motion and direct a verdict for it. Motion has been made to set aside this verdict and grant plaintiff a new trial, and it is this motion I am now to pass upon. As matter of introduction it seems proper to review, to a limited extent, the authorities enunciating the rule governing federal courts in determining when a verdict should be directed by the court and when the matter should be submitted to the jury. Such review is constantly necessary because the great number of these negligence cases arising in our courts and constantly increasing-- cases always appealing to a greater or lesser degree to our human sympathies-- makes the temptation a constant one for judges to shirk the grave responsibility imposed upon them by the law in this particular, and allow the jury to do its will.
In Commissioners, etc., v. Clark, 94 U.S. 278, at page 284, 24 L.Ed. 59, Mr. Justice Clifford says:
'Decided cases may be found where it is held that, if there is a scintilla of evidence in support of a case, the judge is bound to leave it to the jury; but the modern decisions have established a more reasonable rule, to wit, that, before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.'
In Meguire v. Corwine, 101 U.S. 108, at page 111, 25 L.Ed. 899, Mr. Justice Swayne says:
'A judge has no right to submit a question where the state of the evidence forbids it.'
And again, in Bowditch v. Boston, 101 U.S. 16, at page 18, 25 L.Ed. 980, he says:
This proposition is affirmed in Anderson v. Beal, 113 U.S. 227, 241, 5 Sup.Ct. 433, 28 L.Ed. 966, and Arthur v. Cumming, 91 U.S. 362, 365, 23 L.Ed. 438; In Delaware, etc., R.R. Co. v. Converse, 139 U.S.at page 472, 11 Sup.Ct.at page 570, 35 L.Ed. 213, Mr. Justice Harlan says:
'But it is well settled that the court may withdraw a case from them altogether and direct a verdict for the plaintiff or the defendant, as the one or the other may be proper, where the evidence is 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. Phoenix Ins. Co. v. Doster, 106 U.S. 30, 32 (1 Sup.Ct. 18, 27 L.Ed. 65); Griggs v. Houston, 104 U.S. 553 (26 L.Ed. 840); Randall v. Baltimore & Ohio Railroad, 109 U.S. 478, 482 (3 Sup.Ct. 322, 27 L.Ed. 1003); Anderson Co. Commissioners v. Beal, 113 U.S. 227, 241 (5 Sup.Ct. 433, 28 L.Ed. 966); Schofield v. C. & St. P. Ry. Co., 114 U.S. 615, 618 (5 Sup.Ct. 1125, 29 L.Ed. 224.) 'It would be an idle proceeding,' this court said in North Penn. Railroad v. Commercial Bank, 123 U.S. 727, 733 (8 Sup.Ct. 266, 31 L.Ed. 287), 'to submit the evidence to the jury when they could justly find only in one way.''
In Patton v. Texas & Pacific Ry. Co., 179 U.S.at page 660, 21 Sup.Ct.at page 276, 45 L.Ed. 361, Mr. Justice Brewer quoting this last passage, states 'that cases are not to be lightly taken from the jury,' but adds:
There has been no modification of these principles in the recent cases. District of Columbia v. Moulton, 182 U.S. 576, 582, 21 Sup.Ct. 840, 45 L.Ed. 1237; McGuire v. Blount, 199 U.S. 142, 148, 26 Sup.Ct. 1, 50 L.Ed. 125; Empire State Cattle Co. v. Atchison Ry. Co., 210 U.S. 1, 10, 28 Sup.Ct. 607, 52 L.Ed. 931, 15 Ann.Cas. 70; Hepner v. United States, 213 U.S. 103, 112, 53 L.Ed. 720, 27 L.R.A. (N.S.) 739, 16 Ann.Cas. 960. In this last case the Supreme Court applies the rule in an action brought by the government to enforce a statutory penalty and sustained a directed verdict for the plaintiff. The application of this rule to negligence cases has been many times reiterated. Patton v. T. & P. Ry. Co., 179 U.S. 658, 659, 21 Sup.Ct. 275, 45 L.Ed. 361; Southern Pacific Co. v. Pool, 160 U.S. 438, 440, 16 Sup.Ct. 338, 339, 40 L.Ed. 485, where it is said:
The law, sound reason, and common experience point out that there is peculiar necessity for the enforcement of this rule in negligence cases.
The law's recognition of this fact cannot be better stated than it has been by the Circuit Court of Appeals for this Fourth Circuit, speaking through Judge Brawley, in Travelers' Ins. Co. v. Selden, 78 F. 285, 290, 24 C.C.A. 92, 96, as follows:
'
The Circuit Court of Appeals for the Eighth Circuit, in Midland Valley R. Co. v. Fulgham, 104 C.C.A. 151, 181 F. 91, has felt compelled, apparently from its experience in these negligence cases, to condemn what is a very general weakness in jury deliberation, when it says:
The statement has been made above that sound reason and common experience indicate a peculiar necessity for the enforcement of this rule in negligence cases. This statement is made advisedly, after long and earnest study of existing conditions. Courts must enforce the law as it is, not as they would have it be. Inferior courts must take the legal precepts as they...
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