COURTS-POWER TO DIRECT VERDICTS WHERE FORBIDDEN BY STATE CONSTITUTION

Authors

Abstract

ln a suit for personal injuries the district court of the United States for the district of Arizona directed a verdict for the defendant on the ground that the plaintiff was guilty of contributory negligence. The constitution of Arizona, sec. 5, art. 18 provides: "The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Held, that this section is not binding on a federal court sitting in Arizona, and does not prevent such court from directing a verdict when it appears as a matter of law that the plaintiff is guilty of contributory negligence. Herron v. Southern Pacific Co., U. S. Sup. Ct. 1930, Adv. Op. No. 131.

Recommended Citation

COURTS-POWER TO DIRECT VERDICTS WHERE FORBIDDEN BY STATE CONSTITUTION, 29 Mich. L. Rev. 1080 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss8/21