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128 F.2d 317

Docket No. 7988.

Bell v. Brown

District of Columbia Circuit Court of Appeals · decided 1942-05-11

Cited by 3 later decisions — most recently December 1954

1 federal appellate · 1 state decisions

2 counsel of record

Relies on Gunning v. Cooley · Jackson v. Capital Transit Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1942-05-11

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¶1Mr. 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.

¶2Mr. 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.

¶3Before GRONER, Chief Justice, and MILLER and RUTLEDGE, Associate Justices.

¶4PER CURIAM.

¶5The 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

¶6Reversed.

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