Northwestern University Law Review Volume 8

Northwestern University Law Review Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... trial judge could not direct a verdict for the defendant, but had to submit the evidence to the jury.'9 It is certain Sharswood, _I., intended his pure question of law, stated in terms of his evidence formula, to cover cases of "no evidence as a matter of law," as e. g., cases like Central Transportation C 0. 1/. Pullman's Car C 0. and Oscanyan '0. Winchester Arms Co., above stated; and he probably intended his evidence formula to cover also cases of literally "no evidence 48. 176 Fed. 76, in. 49. Fitzwater 1/. Stout, 16 Pa. St. 22; Thamas 2/. Thomas, 21 Pa. St. 315; Mclldowny 11. Wilson, 28 Pa. St. 492. as a matter of fact" to support the plaintiff's case. By 1879, at least, the Pennsylvania rule defining the power of a trial judge to direct a verdict for the defendant in a case turning on a question of fact, was changed to the present rule of "some evidence but not enough." In Hyatt 11. Johnston6 in 1879, Sterrett, J., for the Pennsylvania Supreme Court said on the authority of the opinion of the English Court of Exchecquer Chamber in Ryder 21. Wombwell51 in 1868: . "Since the scintilla doctrine has been exploded, both in England and in this country, the preliminary question of law for the court is, not whether there is literally no evidence or a mere scintilla, but whether there is any that ought reasonably to satisfy the jury that the fact sought to be proved is established." Under the operation of this change in the Pennsylvania rule of law defining the power of a Pennsylvania trial judge to direct a verdict for the defendant in a case turning on a question of fact, the practical effect of the Pennsylvania decision in 1898 in Fisher v. Scharadin is apparent. The decision...show more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797787
  • 9781236797780