" Thus it is not easy to maintain a proper line dividing judges and jury and problems occur frequently. Especially on occasion of cases involving the Federal Employers' Liability Act, jury often comes under attack as it is felt that these cases should be decided by judges. One major fear is that in such cases, "anything that a jury says goes, with the consequences that all meaningful judicial supervision over jury verdicts in such cases has been put at an end.... If so,... The time has come when the Court should frankly say so. If not, then the Court should at least give expression to the standards by which the lower courts are to be guided in these cases." The last part of the article that deals with re-examination of facts found by jury is also worth further explanation. Re-examination or review clause is not restricted to federal courts only but covers state as well as Supreme Court. However it is also stated that in cases where the Court...
Farrand, Records of the Federal Convention of 1787, at 587
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