Torts · MBE-tested
FRANCIS v. RICHMOND & D. R. CO.
83 F. 1021·United States Court of Appeals for the Fourth Circuit·1897
Before FULLER, Circuit Justice, GOFF, Circuit Judge, and BRAWLEY, District Judge.
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Opinion
FRANCIS v. RICHMOND & D. R. CO.
(Circuit Court of Appeals, Fourth Circuit.
November 6, 1897.)
No. 195.
In Error to the Circuit Court of the United States for the Western District of North Carolina.
A. C. Avery (Pritchard & Gudger on the brief), for plaintiff in error.
George F. Bason and Charles Price, for defendant in error.
Before FULLER, Circuit Justice, GOFF, Circuit Judge, and BRAWLEY, District Judge.
[MAJORITY — BRAWLEY, District Judge.]
BRAWLEY, District Judge.
We do not find in the record in this case any testimony from which fair-minded men could justly conclude that the defendant company was guilty of negligence, and according to the principles which we have laid down in Patton v. Railway Co., 82 Fed. 979, a case heard at the same term, we are of opinion that there was no error in directing a verdict for the defendant. The judgment of the court below is affirmed.