...of which are referred to in Hi/der v. Womlncell (in), "has established a more reasonable rule, viz., that in every case, before the evidence is left to...producing it, upon whom the onus of proof is imposed " (n). But where there is conflicting evidence upon a question of fact, whatever may be the opinion...

...867, recent decisions of high authority have established a more reasonable rule, that in evencase, before the evidence is left to the jury, there is...producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain the proposition, and the decisions of this court have generally...

...Ryder v. Wombwell, LR 4 Ex. 32; Giblin v. McMullin. LR 2 PC App. 335. In the latter case, it was said: "In every case before the evidence is left to the...any upon which a Jury can properly proceed to find a verdlpt for the party introducing it upon whom the onus of , roof is Imposed." — Bowdich v. City...

...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." So, also, in another case, where the trial court, by an instruction, had...

...Insurance Co. v. Rodel, 95 US 238. ' tiupra. THE CENTKAL LAW JOURNAL. vor."4 There may be in every case a preliminary question for the judge, not whether...evidence, but whether there is any upon which a jury can proceed to find a verdict for the party producing it. 6 In taking a case from the jury, great care...

...motion for a directed verdict is not whether there is 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 whom the onus is imposed. The reasons for the rule are thus enumerated by Mr. Justice Swayne in Merchants Bonk v....

...not be sufficient; 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 there is literally no evidence, bur whether (here is any upon which a jury can properly proceed to find a verdict for the party producing...

...before submitting the evidence to the jury the trial judge should determine as a preliminary question, not whether there is literally no evidence, but whether there is any evidence upon which a 17. Goodstein v. Silver Plume Minee Co., 79 Colo. 269, 245 Рас. 714; Garry...

...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 there is literally no evi2 Mercier v. Mercier, 48 Ga. 823; Jobneon v. Crawley, 22 Ga. 348; Stamper v. Hayes, 25 Ga. 546;...

...Court of the District of Columbia. P. 94. 2. Upon a motion for a peremptory instruction the question is not whether there is literally no evidence, but whether there is any 90 Opinion of the Court. upon which a jury can properly find a verdict for the party producing it,...