...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.'' Baby vs. Cell, 85 Penn. St., 80 (where it is said that the rule that...

...the evidence is left to the jury, there may be in every case a preliminary question for the presiding judge, not whether there is literally no evidence,...whether there is any upon which a jury can properly lind a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,...

...evidence does not admit of conflicting inferences relating to the point in question. Moreover, the rule is "not whether there is literally no evidence, but whether there is any upon which a jury can properiy proceed to find a verdict for the party producing it, upon whom the onus of proof rests."...

...whether there is literally any evidence, but whether there is any evidence upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed (/). So the suppression of evidence, such as a will, by an adverse holder will warrant the jury in...

...but recent decisions of high authority have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is...the party producing it, upon whom the onus of proof rests." To the same effect are Pleasants v. Fant, 22 Wall. 120 ; Commissioners, etc., v. Clark, 94...

...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." Paine v. Railway, 58 NH 611, 614. "We do not mean to say that a mere scintilla...

...sufficiency of the evidence is a preliminary question for the court; not whether there is literally any evidence, but whether there is any upon which a jury...proceed to find a verdict for the party producing it, and upon whom the burden of proof is imposed. Com. of Marion Co. v. Clark, 94 USSC 278 ; Hickman v....

...question is answered affirmatively by the presiding Judge : "Is there any evidence upon which a jury may properly proceed to find a verdict for the party producing It, upon whom the onus of proof is imposed?" When, however, the defendant failed to meet the plaintiff's case, a further determination was and is...

...constitutional right of a trial by jury, for it has long been the doctrine of this court that in every case, before the evidence is left to the jury, there is a preliminary inestion for the judge, not whether there is literally no evidence, but whether there is any upon which...

...both in England and in this country, there is a preliminary question, in all cases, for the court, not whether there is literally no evidence, "but whether there is any that ought reasonably to satisfy the jury that the fact sought to be found is established. If there...