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" This was, at least, a question of fact for the jury, and not one of law for the court. "
The Atlantic Reporter - Seite 195
1897
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The Miscellaneous Reports: Cases Decided in the Inferior Courts of ..., Band 27

New York (State). Courts - 1899
...while a contrary inference might be drawn from other portions of the testimony, this, at most, raised a question of fact for the jury and not one of law for the court. The motion to dismiss was improperly granted and the judgment must be reversed, and a new trial ordered....
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The Law of Presumptive Evidence: (including Presumptions Both of Law and of ...

John Davison Lawson - 1899 - 710 Seiten
...has been discharged. This raises a presumption of the payment of the note. But it is a presumption of fact for the jury and not one of law for the court.* In case IV. it was said: "The learned judge of the court below fell into an error in affirming the...
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The South Western Reporter, Band 47

1899
...testimony is admissible to show his ability for taking care of himself, and the question of capacity IB one of fact for the Jury, and not one of law for the court to decide." In the case of Stone v. Rauroad Co., 115 NY 104, 21 NE 712, the court said, in substance:...
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Colorado Decisions: Every Opinion of the Supreme Court and Court of ..., Band 1

Colorado. Supreme Court - 1900
...might have drawn different conclusions as to contributory negligence, and that such question was one of fact for the jury and not one of law for the court. 8 VOLUNTARY ENCOUNTER OP DANGER is ASSUMPTION OF ITS RISKS, BUT DEPENDANT is LIABLE FOR UNNECESSARILY...
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Lawyers' Reports Annotated, Bücher 57

1903
...the plaintiff must show that the article had no market value; and upon conflicting evidence this is a question of fact for the jury, and not one of law for the cour Ibid. But an Instruction In such an action that the usual measure of damages Is the difference...
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Reports of the Decisions of the Court of Appeals of the State of ..., Band 18

Colorado. Court of Appeals - 1904
...under the state of the evidence disclosed by the record, whether it had or had not such a value, was a question of fact for the jury, and not one of law for the court. In New York and Maine Granite Paving Company v. Hou-ell (7 NY St. Eep. 494) damages were sought to...
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Cases in the Supreme Court of Pennsylvania: Being Those Cases Not ..., Band 9

Pennsylvania. Supreme Court, Sylvester Baker Sadler - 1904
...on was the alleged contributory negligence of plaintiff himself. That, under all the evidence, was a question of fact for the jury, and not one of law for the court. It was fairly submitted to them in a clear and carefully guarded charge to which neither party excepted....
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Reports of Cases Decided in the Supreme Court of the State of Indiana, Band 186

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - 1918
...constitute ordinary care under any given state of circumstances and conditions, is, as a general rule, a question of fact for the jury and not. one of law for the court. To this rule there are some recognized exceptions which are not material here. Negligence becomes a...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 2

Arizona. Supreme Court - 1904
...is unprofitable. But whether the plaintiff has been guilty of contributory negligence is usually a question of fact for the jury, and not one of law for the court. Of course, there may be cases where the negligence is so apparent, and the question so free from doubt,...
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The Mining Reports: A Series Containing the Cases on the Law of ..., Band 22

Robert Stewart Morrison - 1906
...under the state of the evidence disclosed by the record, whether it had or had not such a value was a question of fact for the jury, and not one of law for the court. In Paving Co. v. Howell, 7 NY St. Rep. 494, damages were sought to be recovered from a vendee for refusing...
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