Davis v. Virginian Railway Company/Dissent Harlan

Mr. Justice HARLAN, dissenting.

From the point of view of the functions of this Court, this decision provides another example of the futility of continuing to bring here for review cases of this kind. So long as jury verdicts remain subject to some degree of judicial supervision, cf. Harris v. Pennsylvania R. Co., 361 U.S. 15, 27-28, 80 S.Ct. 22, 29-30, 4 L.Ed.2d 1 (dissenting opinion), whether or not the evidence is sufficient to warrant removing a particular case from consideration of the jury is a question which will doubtless continue to divide equally conscientious judges in all except the clearest instances. As to the issue upon which the judgment below is now reversed, a majority of the Court disagrees with the unanimous view of the record taken by the two state courts. My Brother WHITTAKER, in dissent, takes a different view from that of the majority. And I, also in dissent, take still a different view from either approach.