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DELAWARE, L. & W. R. CO. V. CONVERSE, 139 U. S. 469 (1891)

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U.S. Supreme Court

Delaware, L. & W. R. Co. v. Converse, 139 U.S. 469 (1891)

Delaware, Lackawanna and Western Railroad Company v. Converse

No. 238

Argued March 18-19, 1891

Decided March 30, 1891

139 U.S. 469

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF NEW JERSEY

Syllabus

The court may withdraw a case from the jury and direct a verdict for plaintiff or defendant, as the case may be, when the undisputed evidence is so conclusive that the court would be compelled to set aside a verdict returned in opposition to it.

The severing of a train of cars in motion on a railroad in the night time, leaving a part, uncontrolled except by ordinary brakes, to run across a public highway at grade without warning by either flagman, bell, whistle, or in some other effective way that they were approaching is a disregard of the rights of persons using the highway, and it justified the court in saying as matter of law that it constituted negligence on the part of the railroad company for which the plaintiff could recover unless he had been guilty of contributory negligence.





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