U.S. Court of Appeals for the D.C. Circuit, 1942

Bell v. Brown

U.S. Court of Appeals for the D.C. Circuit · Decided May 11, 1942 · Groner, Miller, Rutledge

128 F.2d 317; 76 U.S. App. D.C. 5; 1942 U.S. App. LEXIS 3568 (Federal Reporter, Second Series)

Counsel

Mr. William A. Gallagher, of Washington, D. C., with whom Messrs. William B. O’Connell and Dennis Collins, both of Washington, D. C., were on the brief, for appellant., Mr. Howard Boyd, of Washington, D. C., with whom Messrs. Edmund L. Jones and Joseph J. Cotter, both of Washington, D. G, were on the brief, for appellee.

Cases that cite this one

3 later published cases cite this decision.

Markusen v. General Aniline & Film Corp. (District Court, S.D. New York 1954)
United Services Life Ins. Co. v. Ringsdorf (D.C. 1952)
Baltimore & O. R. Co. v. Postom (D.C. Cir. 1949)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The evidence in this case, as we read the record, preponderates strongly against appellant. Nevertheless, we are satisfied that there was enough to require that the case go to the jury; under the well-established rule that if there is evidence upon which, when construed most favorably to the person upon whom the onus of proof is imposed, reasonable and fair-minded men, properly instructed as to the law, could find a verdict in his favor, then the question is not one of law but of fact to be settled by the jury.1

Reversed.

Gunning v. Cooley, 281 U.S. 90, 95, 50 S.Ct. 231, 74 L.Ed. 720; Jackson v. Capital Transit Co., 69 App.D.C. 147, 99 F.2d 380, and cases there cited.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.