114 F. 737 | 5th Cir. | 1902
after stating the facts, delivered the opin' ion of the court.
In determining the question whether it was proper to give peremptory instructions in favor of the plaintiff, we must look at the case as it appears from' that part of the evidence which is most favorable to the defendant; for we must concede to the defendant anything which it could fairly claim from the evidence. It had the right to ask the jury to believe the evidence that was favorable to it. When a party asks for peremptory instructions in his favor, he must concede all that his opponent may fairly claim from the evidence presented. -When a passenger sues the carrier, proof of an accident carries with it a presumption of negligence on the part of the carrier. But a different rule prevails in a suit by an employé against the employer. The accident in the latter case carries with it no such
The judgment of the circuit court is reversed, and the cause remanded for a new trial.