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NORTH PENN. RAILROAD v. COMMERCIAL B'K.

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123 U.S. 727 (1887)

8 S.Ct. 266

31 L.Ed. 287

NORTH PENNSYLVANIA RAILROAD COMPANY, v. COMMERCIAL BANK OF CHICAGO.

Supreme Court of United States.

Decided December 19, 1887.

Attorney(s) appearing for the Case

Mr. William Rotch Wister and Mr. George F. Edmunds for plaintiff in error.

Mr. Wayne McVeagh for defendant in error. Mr. J.A. Sleeper filed a brief for same.

MR. JUSTICE FIELD, after stating the case, delivered the opinion of the court.

There is no doubt of the power of the Circuit Court to direct a verdict for the plaintiff upon the evidence presented in a cause, where it is clear that he is entitled to recover, and no matter affecting his claim is left in doubt to be determined by the jury. Such a direction is eminently proper, when it would be the duty of the court to set aside a different verdict, if one were rendered...

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