Facts:
Ira L. Hughes, a traveling fireman, was killed on the Western & Atlantic Railroad while engaged in the performance of his duties. His widow, as administratrix brought this action under the Federal Employers' Liability Act in a state court of Georgia. The railroad asserts that the scintilla of evidence rule prevails in Georgia, and argues that the lower courts erred by applying the local rule in this case.
Issue:
The applicability of the rule prevailing in Georgia and the Federal rule.
Held:
It is true that the submission to the jury of contested issues of fact is not required in the federal courts, if there is only a scintilla of evidence that it is the duty of the judge to direct the verdict, when the testimony and all inference which the jury could justifiably draw therefrom would be insufficient to support a verdict for the other party, and that this federal rule must be applied by state courts in cases arising under the Federal Employers' Liability Act.
The court need not to consider whether the rule prevailing in Georgia differs substantially from the federal rule. For even under the federal rule it was proper to submit the case to the jury. The evidence introduced by the plaintiff was substantial; and was sufficient if believed, to sustain a verdict in her favor.
Issue:
The applicability of the rule prevailing in Georgia and the Federal rule.
Held:
It is true that the submission to the jury of contested issues of fact is not required in the federal courts, if there is only a scintilla of evidence that it is the duty of the judge to direct the verdict, when the testimony and all inference which the jury could justifiably draw therefrom would be insufficient to support a verdict for the other party, and that this federal rule must be applied by state courts in cases arising under the Federal Employers' Liability Act.
The court need not to consider whether the rule prevailing in Georgia differs substantially from the federal rule. For even under the federal rule it was proper to submit the case to the jury. The evidence introduced by the plaintiff was substantial; and was sufficient if believed, to sustain a verdict in her favor.
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