...withdrawing the case from the jury. It repeatedly has been held by this court that before evidence may be left to the jury, " there is a preliminary question...producing it, upon whom the onus of proof is imposed." Pleasants v. Fant, 22 Wall. 116, 120-121. And where the evidence is " so overwhelmingly on one side...

...withdrawing the case from the jury. It repeatedly has been held by this court that before evidence may be left to the jury, " there is a preliminary question...there is literally no evidence, but whether there is anyiupon which a jury can properly proceed to find a verdict for the party producing it, upon whom...

...evidence does not admit of conflicting inferences relating to the point in question. Moreover, the rule is "not whether there is literally no evidence, but whether there is any upon whicli a jury can properly proceed to find a verdict for the party producing it, upon whom the onus...

...reasonable rule ; to wit, that, before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed :" North Penn. R. Co. vs. Com. Nat. Bank, 123 US, 727, 733 ; Anderson Co....

...if the evidence is such as not to warrant a verdict for a party, to direct the jury accordingly, and that in every case, before the evidence is left to the jury, there is a preliminary question to be decided by the judge whether there is any evidence produced by the party upon whom the onus of...

...to consider whether it discharged its legal duty when called upon to rule upon such a motion. [10] In every case before the evidence is left to the jury there is, or may be, a preliminary question for the court whether there is evidence upon which a jury can properly...

...to consider whether it discharged Its legal duty when called upon to rule upon such a motion. [10] In every case before the evidence Is left to the jury there is, or may be, a preliminary question for the court whether there is evidence upon which a jury can properly...

...both in England and in this country, there is a preliminary question, in all cases, for the court, not whether there is literally no evidence, "but whether there is any that ought reasonably to satisfy the jury that the fact sought to be found is established. If there...

...not whether there Is absolutely no evidence, but whether there is more than a scintilla of evidence, upon which a Jury can properly proceed to find a verdict for the party introducing it, upon whom the burden of proof Is imposed. Commissioners v. Clark, 94 U. S. 278; Ryder...

...the case of Pleasanta vs. Fant, 22 Wall., 120, and reiterated and affirmed in a long line of cases, that, "In every case, before the evidence is left...is literally no evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict for the party producing it, upon...