LAW 110 Chapter Notes - Chapter Penn Railroad-v-Chamberlain: Verdict
Document Summary
The plaintiff-respondent, margaret chamberlain, on behalf of a deceased railroad employee frederick. Chamberlain (mr. chamberlain) (respondent), brought suit against the defendant-petitioner, pennsylvania. Railroad (petitioner), alleging that petitioner"s negligence had caused mr. chamberlain"s death. Petitioner was granted a directed verdict by the district judge. Issue: whether a defendant is entitled to a directed verdict where the plaintiff with the burden of proof alleges facts supporting two inconsistent theories, only one of which would impose liability against the defendant. A defendant is entitled to a directed verdict in a case where the proven facts give equal support to each of two inconsistent inferences, where the plaintiff has the burden of proof. The judgment of the circuit court of appeals was reversed and that of the district court affirmed. Where there is a direct conflict of testimony upon a matter of fact, the question must be left to the jury to determine, without regard to the number of witnesses on either side.
