United States Reports, Supreme Court (Volume 104); Cases Argued and Adjudged in the Supreme Court of the United States

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903. Excerpt: ... Mr. Chief Justice Waite delivered the opinion of the court. We agree entirely with the court below in the opinion that the statutes in relation to railroads relied upon by the plaintiff in error are not applicable to the facts of this case. If upon the evidence the jury hud brought in a verdict against the defendants it would have been the duty of the court to set it aside and grant a new trial. The case comes clearly within Railroad Company v. Jones (95 U. S. 489), which was followed below. It was right, therefore, to direct a verdict for the defendants1. There was no such conflict of evidence as to make it necessary for the jury to pass on the facts-. Judgment affirmed. m Jones V. Bcckell. This conrt will not pass upon the charge below, where the bill of exceptions does not set forth the evidence, and there is nothing to show that the question of law to which the charge relates is involved in the issue. Error to the Circuit Court of the United States for the Northern District of Florida. This was ejectment for lands in Jacksonville, Florida, brought by John and Mary E. Buckell against Jones and others. Plea, not guilty. There was a verdict for the plaintiff, upon which judgment was rendered. The defendants sued out this-wrk, The bill of exceptions does not contain any of the evidence on the trial, but relates to the charge, which is set out in the opinion of this court. The following, agreement signed by the attorneys of the respective parties was filed in the court below: --The plaintiffs and defendants, by their attorneys, admit the following to be true, without the necessity of introducing evidence in proof thereof, that is to say: The plaintiffs admit the regularity of all the proceedings in the confiscation suit in the District Court for the Nort...