...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." Much to the same effect was the conclusion of Chief Justice MARSHALL in...

...modern rule as to a nonsuit is that in every case before the evidence is left to the jury there is a preliminary question for the judge, not whether...whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed, (iiblin v. Me Mullen,...

...is left to the jury, there is a preliminary question for the judge, not literally whether there is no evidence, but whether there is any upon which a...can properly proceed to find a verdict for the party upon whom the onus of proof rests. This preliminary question, we are of the opinion, was erroneously...

...established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether...producing it, upon whom the onus of proof is imposed." The next and perhaps the leading case on the subject is that of Pleasants v. font, 22 "Wall. 116, 120....

...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." In Randall v. Railroad Co., 109 US 482, 3 Sup. Ct. 324, JUSTICE GRAY,...

...«very case, before the evidence is left to the jury, there is a preliminary question for the judge, nor whether there is literally no evidence, but whether...which a jury can properly proceed to find a verdict fcr the party producing it, upon whom the onus of proof is imposed; and adds: "The nile should be regarded...

...a more reasonable rule, viz., that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether...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...

...more than a scintilla of evidence. The preliminary question for the court is "not whether there ib literally no evidence, but whether there is any upon...producing it, upon whom the onus of proof is imposed." Coughran v. Bigelow, 164 US 301; Improvement Co. v. Munson, 14 Wall. 442. In Kimberly v. Arms, 129...

...for the defendants. WALLACE, J. The question whether the nonsuit was properly ordered depends upon " not whether there is literally no evidence, but whether...proceed to find a verdict for the party producing it." Paine v. • Railway, 58 JST. II. 611, 614 ; Jaques v. Company, 66 NH 482. The staging was properly...

...People's Ins. Exchange (Ш.) 2 LRA 340. "In every case, U'for the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, bat whether there is any upon which a jury can properly proceed to find a verdict for the party producing...