[Download] "Guerra v. Brasileiro." by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Guerra v. Brasileiro.
Author : United States Court of Appeals for the Second Circuit
Release Date : January 08, 1942
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 52 KB

Description

The error herein assigned is the district courts action in holding the plaintiffs evidence insufficient to merit the jurys consideration in a personal injury action brought under the diversity-of-citizenship jurisdiction of the court. The plaintiff suffered his injuries while unloading a vessel owned by the defendant corporation; and since the plaintiff had seventeen years of experience in such activities, a sophisticated trier of facts would naturally look askance at an injury caused him by falling bags. Under such circumstances it is easy to accept as legal grounds for dismissal what after all are the somewhat unconscious inferences made from the facts. But the function of making such inferences must be reserved for the jury, and we believe that here there were not sufficient legal grounds to justify the taking of the case from them.