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Empire State Cattle Co. Vs. Atchison, T. and S.F. Ry. Co.
Cites for this judgment
- US Supreme Court
- May 04, 1908
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Empire State Cattle Co. v. AtchisonSearch
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T. & S.F. Ry. Co. - 210 U.S. 1 (1908) U.S. Supreme Court Empire State Cattle Co. v. AtchisonSearch
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T. & S.F. Ry. Co., 210 U.S. 1 (1908) Empire State Cattle Company v. AtchisonSearch
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jury where the evidence on the issues joined is conflicting or divergent inferences may be drawn therefrom. Beuttell v. MagoneSearch
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the fact that the plaintiffs asked special instructions upon the effect of the evidence, then, as said in Beuttell v. MagoneSearch
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evidence was not such as would have justified the court in submitting the case to the jury. It was settled in Beuttell v. MagoneSearch
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to be drawn from the testimony are divergent. To hold the contrary would unduly extend the doctrine of Beuttell v. MagoneSearch
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case made. The distinction be tween a case like the one before us and that which was under consideration in Beuttell v. MagoneSearch
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delivered by Circuit Judge Severens, speaking for the Circuit Court of Appeals of the Sixth Circuit, in Minahan v. GrandSearch
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was also lucidly stated in the concurring opinion of Page 210 U. S. 9 Shelby, Circuit Judge, in McCormack v. NationalSearch
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City Bank, 142 F. 132, where, referring to Beuttell v. MagoneSearch
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this, no request for instructions that his opponent may ask can deprive him of the right. There is nothing in Beuttell v. MagoneSearch
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In New York, there are many cases showing conformity to the practice announced in Beuttell v. MagoneSearch
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to go to the jury on controverted questions of facts if he asks the court to submit such questions to the jury. Kirtz v. PeckSearch
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Sutter v. VanderveerSearch
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questions of fact submitted to the jury if issues are joined on which conflicting evidence has been offered. Minahan v. G.TSearch
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aside the verdicts if the cases had been given to the jury and verdicts returned in favor of the plaintiff. McGuire v. BlountSearch
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Marande v. TexasSearch
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law, a departure from the regular course of a shipment, when done under the usage of trade, is no deviation. Hostetter v. ParkSearch
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U. S. 31 , 137 U. S. 40 . So, also, in Constable v. NationalSearch
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U.S. Supreme Court Empire State Cattle Co. v. AtchisonSearch
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Empire State Cattle Company v. AtchisonSearch
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of Beuttell v. MagoneSearch
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Minahan v. GrandSearch
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McCormack v. NationalSearch
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Kirtz v. PeckSearch
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Minahan v. G.TSearch
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Constable v. NationalSearch
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