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" Such a proposition is absurd, and accordingly we hold the true principle to be, that if the court is satisfied that, conceding all the inferences which the jury could justifiably draw from the testimony, the evidence is insufficient to warrant a verdict... "
The American Journal of Insanity - Page 287
1880
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Albany Law Journal, Volume 11

Law - 1875 - 438 pages
...new trial had 1 Such a proposition is absurd, and accordingly we hold the true principle to be, that if the court is satisfied that, conceding all the...insufficient to warrant a verdict for the plaintiff, the court should say so to the jury. In such case the party can submit to a nonsuit and try his case again...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...new trial hud? Sucha proposition is absurd, and accordingly we hold the true principle to be I hat if the court is satisfied, that conceding all the inferences which the jury could draw from the testimony, the evidence is insufficient to warrant a verdict for the plaintiff, the court...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...new trial had? Such a proposition is absurd, and accordingly we hold the true principle to be that if the court is satisfied, that conceding all the inferences which the jury could draw from the testimony, the evidence is insufficient to warrant a verdict for the plaintiff, the court...
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The Central Law Journal, Volume 9

Law - 1879 - 540 pages
...alone the nonsuit was properly granted." In Pleasants v. Fant, 22 Wall. 122, the rule is thus stated: " If the court is satisfied that, conceding all the inferences which the jury could justifiably dr&w from the testimony, the evidence is insufficient to warrant a verdict for the plaintiff, the court...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 22

United States. Supreme Court - Law reports, digests, etc - 1876 - 692 pages
...new trial had? Such a proposition is absurd, and accordingly we hold the true principle to be, that if the court is satisfied that, conceding all the...insufficient to warrant a verdict for the plaintiff, the court should say so to the jury. In such case the party can submit to a nonsuit and try his case again...
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The Central Law Journal, Volume 8

Law - 1879 - 552 pages
...them may be permitted. In Pleasants v. Fant, 24 Wall. 122, the true principle was said to be " that if the court is satisfied that, conceding all the...insufficient to warrant a verdict for the plaintiff, the court should say so to the jury." In Commissioners v. Clark, 94 US 284, following the English rule,...
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The Federal Reporter, Volume 119

Law reports, digests, etc - 1903 - 1116 pages
...Fant, 22 Wall. 116, 22 L. Ed. 780, in which Mr. Justice Miller declared the "true principle to be that, if the court is satisfied that, conceding all the...insufficient to warrant a verdict for the plaintiff, the court should say so to the jury." But, gauged by this rule, there was some testimony bearing upon the...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 736 pages
...evidence, we cannot say it was error not to do so. In Pleasantst'. Fant, 22 Wall. 122," it was held that "if the court is satisfied that, conceding all the...justifiably draw from the testimony, the evidence was not sufficient to warrant" a particular verdict, the jury might be SO instructed. RR Co. v. Fraloff,...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 796 pages
...In Pleasants v. Fant, 22 Wai. 122, the court thus states the rale respecting the point in hand : " If the court is satisfied that conceding all the inferences...insufficient to warrant a verdict for the plaintiff, the court should say so to the jury." In Wilds v. R. R., 24 XY 433, it is declared that: "Cases" of negligence...
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The Pacific Reporter, Volume 49

Law reports, digests, etc - 1897 - 1158 pages
...Imposed." And In Pleasants v. Fant, 22 Wall. 116, the rule was stated by Mr. Justice Miller as follows: "If the court Is satisfied that, conceding all the...insufficient to warrant a verdict for the plaintiff, the court may say so to the jury." In Bulger v. Rosa, 119 NY 464, 24 NE 853, Jt was said: "The test of...
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