 | New York (State). Courts - 1899 - 954 Seiten
...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.... | |
 | John Davison Lawson - 1899 - 820 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... | |
 | 1899 - 1232 Seiten
...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:... | |
 | Colorado. Supreme Court - 1900 - 990 Seiten
...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... | |
 | 1903 - 1056 Seiten
...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... | |
 | Colorado. Court of Appeals - 1904 - 696 Seiten
...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... | |
 | Pennsylvania. Supreme Court, Sylvester Baker Sadler - 1904 - 692 Seiten
...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.... | |
 | Arizona. Supreme Court - 1904 - 556 Seiten
...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,... | |
 | Robert Stewart Morrison - 1906 - 794 Seiten
...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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This was, at least, a question of fact for the jury, and not one of law for the court. 
