Basham v. Pennsylvania Railroad Company/Dissent Harlan

Mr. Justice HARLAN (dissenting).

This is a run-of-the-mill negligence case, presenting no new question of law or departure from established legal principles. The only question is whether there was enough evidence to take the case to the jury.

A total of 12 New York Judges-one at nisi prius, four on the Appellate Division (a fifth dissenting), and seven on the Court of Appeals-have held that the evidence was not sufficient to warrant submission of the case to the jury.

To bring such a case here for further review by nine more Justices seems to me a most futile expenditure of judicial time. Having reflected on the oral argument, briefs, and record, I conclude that the only premise on which this reversal can be justified is that anything a jury says goes.

I would affirm the judgment below.