Response or Comment
In analyzing the reasons why "trial by jury has declined to such an extent that it has come in many cases to be an avowed maxim of professional action,--a good case is for the court; a bad case is for the jury,"-JUDGE DILLON, in his LAWS AND JURISPRUDENCE, pp. 130-2, credits "the false principle known as the scintilla doctrine" with a large degree of responsibility.
Sunderland, Edson R. "The Scintilla Rule of Evidence." Mich. L. Rev. 18 (1919): 46-8.