# Bell v. Brown

> Court of Appeals for the D.C. Circuit · May 11, 1942 · 128 F.2d 317

URL: https://www.frixlaw.com/law-library/cases/6884854

## Case

- **Full name:** BELL v. BROWN
- **Court:** Court of Appeals for the D.C. Circuit
- **Decided:** May 11, 1942
- **Citations:** 128 F.2d 317; 76 U.S. App. D.C. 5; 1942 U.S. App. LEXIS 3568
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Groner, Miller, Rutledge
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6884854

## Opinion text

PER CURIAM.
The evidence in this case, as we read the record, preponderates strongly against appellant. Nevertheless, we are satisfied that there was enough to require that the case go to the jury; under the well-established rule that if there is evidence upon which, when construed most favorably to the person upon whom the onus of proof is imposed, reasonable and fair-minded men, properly instructed as to the law, could find a verdict in his favor, then the question is not one of law but of fact to be settled by the jury. 1
Reversed.
Gunning v. Cooley, 281 U.S. 90, 95 , 50 S.Ct. 231 , 74 L.Ed. 720 ; Jackson v. Capital Transit Co., 69 App.D.C. 147 , 99 F.2d 380 , and cases there cited.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6884854. Public record. Not legal advice.