Tennant v. Peoria & Pekin Union Ry. Co., 321 U.S. 29 (1944)

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Tennant v. Peoria & Pekin Union Railway Co.

No. 94

Argued December 15, 1943
Decided January 17, 1944
321 U.S. 29

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. In this suit under the Federal Employers’ Liability Act to recover for the death of an employee, there was evidence from which the jury could reasonably infer that failure to ring the bell before starting the locomotive was negligence of the defendant and that that negligence was the proximate cause of the death, and a judgment for the defendant notwithstanding a verdict for the plaintiff deprived the latter of the right to trial by jury. P. 33.

2. A court is not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions, or because the court regards another result as more reasonable. P. 35.

134 F.2d 860 reversed.

Certiorari, 320 U.S. 721, to review the reversal of a judgment for the plaintiff in an action under the Federal Employers’ Liability Act.