327 U.S. 645 (U.S. 1946)
Lavender v. Kurn is a cornerstone case on the limits of appellate review of jury verdicts and the sufficiency of circumstantial evidence, especially in actions brought under the Federal Employers' Liability Act (FELA).
May an appellate court set aside a jury verdict in a FELA case as based on speculation when the evidence permits competing inferences as to causation, or must it uphold the verdict so long as there is some probative evidence to support the jury's choice of inference?
When the evidence is such that fair-minded persons may draw different inferences, the choice among them is for the jury. A verdict must be sustained if there is an evidentiary basis upon which the jury could reasonably find for the prevailing party; only a complete absence of probative facts to support the conclusion justifies taking the case from the jury or reversing its verdict. Appellate courts do not weigh conflicting evidence or assess witness credibility and must view the evidence, including reasonable inferences, in the light most favorable to the verdict. This principle applies with special force in FELA cases, where Congress has entrusted factual determinations to juries and permits reliance on circumstantial evidence.
Reversed. The jury's verdict for the plaintiff was supported by probative evidence and could not be set aside as speculative merely because an alternative theory of causation was also plausible.
Lavender v. Kurn is a leading authority on the scope of appellate review of jury verdicts, often cited for the proposition that a verdict stands if supported by any probative evidence viewed in the light most favorable to the prevailing party. It underscores that circumstantial evidence can sustain a plaintiff's burden in FELA cases and that courts may not displace the jury's role merely because alternative causes exist or because judges would draw different inferences. For law students, it is foundational in understanding motions for directed verdict/JMOL, the evidentiary value of circumstantial proof, and the special deference accorded to juries in FELA and beyond.