109 F. 416 | 5th Cir. | 1901
after stating the case as above, delivered the opinion of the court.
The controlling question in this case on the trial below was, where did the accident occur? Was the car that struck tiie plaintiff standing on the straight track, or had it been negligently left on the curve near the junction of the two tracks? If it were standing on the curve near the junction of the tracks, the accident could have occurred without the fault of the defendant company; for the cars, in, that event, would collide, although the tracks were properly constructed. If, however, it occurred with the car standing
Covey testified that at a point from two and a half to three car lengths from the junction of the two tracks Nos. 3 and 4 they were 5 feet 11 inches apart; that the inside rail of No. 4 was two and a half inches lower than the outside rail; and that the rail of No. 3 nearest to No. 4 was one inch and a half lower than the outside
Speaking of the verdict, the learned counsel for the plaintiff in error say:
“It can only be accounted for on the ground that the jury were either actuated by sympathy for the plaintiff, who -was most seriously injured, or prejudiced against the Southern Pacific Company. The reports are full of corporation eases in which the opinions of eminent judges, reversing the verdicts of juries on issues of fact, show unmistakably that, in cases whej-o corporations are parties to the suit, the eyes of the jurors are put in eclipse by the huge corporation itself, so that they are unable to see the merits of the case: and, unless the courts will exercise the judicial powers vested in them for wise and beneficent purposes, then the trial of issues of fact before juries in corporation cases will become judicial mockery, and the verdicts of juries ‘as sounding brass and tinkling cymbals.’ ”
The trial court may set aside the verdict for proper reasons. In this case the learned trial judge who heard the evidence thought it sufficient to sustain the verdict. The appellate court, on writ of error, cannot review the verdict of the jury. Although we might believe that we would have found a different verdict, we are not allowed by law to disturb the one found. If the evidence was such as to make it proper to submit the case to the jury, the appellate court has no right to set the verdict aside because the weight of evidence was against it. We are confined to questions of law, to the consideration of exceptions taken on the trial to the admission and the rejection of evidence, and to the charge of the court and its refusals to give charges. We cannot deal with questions of fact, nor the weight to be given evidence which was properly admitted. Insurance Co. v. Ward, 140 U. S. 76, 91, 11 Sup. Ct. 720, 35 L. Ed. 371. As we think there was evidence sufficient to make it proper to submit the case to the jury, the judgment must be affirmed.