Opinion · United States Court of Appeals for the Second Circuit

MILLER v. GREAT LAKES STAGES CO., 54 F.2d 1080 (2nd Cir. 1931)

William MILLER, Appellee, v. GREAT LAKES STAGES CO., Inc., Appellant., 54 F.2d 1080 (2d Cir. 1931)

Type
Opinion
Court
United States Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1931-12-07
Topic
general

MILLER v. GREAT LAKES STAGES CO., 54 F.2d 1080 (2nd Cir. 1931) William MILLER, Appellee, v. GREAT LAKES STAGES CO., Inc., Appellant. No. 84.Circuit Court of Appeals, Second Circuit. December 7, 1931.

Citator

UpLaw has not yet analyzed MILLER v. GREAT LAKES STAGES CO., 54 F.2d 1080 (2nd Cir. 1931). The absence of a flag is not a finding that it is good law.

MILLER v. GREAT LAKES STAGES CO.,54 F.2d 1080(2nd Cir. 1931)
William MILLER, Appellee, v. GREAT LAKES STAGES CO., Inc., Appellant.
No. 84.
Circuit Court of Appeals, Second Circuit.
December 7, 1931.
Appeal from the District Court of the United States for the Western District of New York.

Appeal by the defendant from a judgment for the plaintiff of the District Court for the Western District of New York upon a verdict of a jury in an action to recover damages for personal injuries.
Lathrop Whiting, of Buffalo, N.Y. (Clinton H. Lathrop, of Buffalo, N.Y., of counsel), for defendant.

White Rugg, of Buffalo, N.Y. (Ford White, of Buffalo, N.Y., of counsel), for appellee.
Before L. HAND, SWAN, and CHASE, Circuit Judges.
PER CURIAM.
In this case the only question is whether the facts were so clearly in the defendant's favor as to require the direction of a verdict; that is, whether no reasonable men could accept the plaintiff's version. Though we should all have decided otherwise, were we upon the panel, and the evidence is such as to make it a close question whether we should intervene, we are not satisfied that it is so extreme a case as to justify this unusual action. We cannot believe that the plaintiff's car was pushed for so long a distance, either upright or upset; but that belief is founded upon our general notions in which it is conceivably possible that we may be mistaken. On the whole record we are not prepared to say that the case should have been taken from the jury.

Judgment affirmed.Page 1081