The Federal Reporter (Annotated), Volume 174: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. January-March, 1910. Page: 81
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ROOHFORD V. PENNSYLVANIA CO.
ROCHFORD v. PENNSYLVANIA CO.
(Circuit Court of Appeals, Sixth Circuit November 20, 1909.)
No. 1,946.
1. TRIAL ( 178*)--DIRECTION OF VERDICT-EFFECT OF MOTION.
A motion for an instructed verdict upon the ground of an insufficiency
of the evidence presupposes that the witnesses testifying to the facts ad-
duced to make a case for the party against whom the motion is made are
worthy of credit, and challenges the sufficiency in law of such facts to
sustain a verdict based thereon.
[Ed. Note.-For other cases, see Trial, Cent. Dig. 402; Dec. Dig.
178.*]
2. TRIAL ( 140*)-PROVINCE OF COURT AND JURY-CREDIBILITY OF WITNESSES.
The credibility of a witness is peculiarly a question for the jury, under
proper instructions.
[Ed. Note.-For other cases, see Trial, Cent. Dig. 334, 335; Dec. Dig.
$ 140.*
Credibility of witnesses as question for jury, see note to Missouri, K. &
T. Ry. Co. v. Collier, 88 C. 0. A. 143.]
8. TRIAL '( 139*)-TAKING CASE FROM JUBY-WEIuGIT AND SUFFICIENCY OF
EVIDENCE.
The mere fact that there is a preponderance of the evidence in favor of
the party moving for an instructed verdict does not require the judge to
take the case from the jury, even though it might justify the granting of
t new trial.
[Ed. Note.-For other cases, see Trial, Cent. Dig. i 332, 333, 338-341.
365; Dec. Dig. 139.*]
4. TuRIA (5 139*)-TAKING CASE FROM JURY-WEIGHT AND SUFFICIENCY OF
EVIDENCE.
If a plaintiff has produced material evidence sufficient, if believed and
uncontradleted, to warrant a verdict, no amount of contradictory evidence
will authorize the judge to take the question of its effect and weight
from the jury.
[Ed. Note.-For other cases, see Trial, Cent. Dig. i 332, 333, 338-341,
365; Dec, Dig. 139.*]
5. TRIAL ( 178*)--DIRECTION OF VERDICT-EFFECT OF MOTION.
On a motion by defendant for an instructed verdict, it is the duty of
the .trial judge to give the plaintiff the benefit of every fair inference
which might reasonably be drawn from the evidence by the jury, when
guided by sound processes of reasoning and applicable principles of law.
[Ed. Note.-For other eases, see Trial, Cent. Dig. 401, 402; Dec. Dig.
1 17&*]
6. MASTER AND SERVANT ( 285*)-ACTION FOR INJURY TO SERVANT-QUEsTIONS
FOR JuY-CAUSE OF INJURY.
In an action by a switchman against the railroad company to recover
for an injury by being struck by a switch engine while operating a switch
in the yards, the allegations of the petition and the evidence in support
thereof held sufficient, as to the manner in which the injury occurred, to
require the submission of the case to the jury.
[Ed. Note.-For other cases, see Master and Servant, Dec. Dig. 285.*]
In Error to the Circuit Court of the United States for the Northern
District of Ohio.
*For other eaMes see same topic & I NUMBER in Dec & Am. Digs. 1907 to date; & Rep'r Indexes
174 F.-6
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The Federal Reporter (Annotated), Volume 174: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. January-March, 1910., legislative document, 1910; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38220/m1/93/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.