...precautions reasonable care required under the facts disclosed in the particular case. This presents a question of fact for the jury and not one of law for the court." The court is here attempting to blaze a new trail in the law. The common law has been content for many...

...193 NW 487, 180 Wis. 367 ; 2 Wis. Law Rev. 363. The question of the materiality of the breach is a question of fact for the jury, and not one of law for the court. Glines v. Berry Box & Paper Co., 143 NE 344, 248 Mass. 518. For other cases see Decennial Digests,...

...liabilities. Held, that the question us to whether the items had been improperly classified was a question ol fact for the Jury and not one of law for the court. 2. On an indictment against a bank president for making a false return of the affairs of the bank,...

...of its condition, is the only question upon which there can be any doubt; and we believe that was a question of fact for the jury, and not one of law for the court. There was no pavement on the op14>site side of the street over which he could have gone. He could have avoided this pavement only...

...already made in the condition of the bond, and give up all idea of suit therefor. The question is one of fact for the jury, and not one of law for the court to determine, and so it was left by the learned judge who heard the cause, and we do not feel warranted...

...the question of contributory negligence on the part of the plaintiff must remain as it then was—a question of fact for the jury, and not one of law for the court. It was held in Ohio and Mississippi Railway Co. v. Jones, 63 111. 472 (and the same construction was...

...facts in the case at bar, we are constrained to hold, as did the trial court, that the question was one of fact for the jury, and not one of law for the court to decide. While, if we were the triers of the facts, our decision might have been contrary to that...

...that as a matter of law the plaintiff was guilty of contributory negligence in this case. It was a question of fact for the jury, and not one of law for this court. In passing upon this appeal we cannot be controlled by the fact that there is a conflict...

...admissible to show his ability for taking care of himself, and the question of his capacity is one of fact for the jury, and not one of law for the court to decide. Westbrook v. RR Co., 560. 3. Fraud. Evidence of other tranufcrs about same time. In case...

...assault and tort of Thomas on plaintiff, which was clearly alleged and proven without dispute, was a question of fact for the Jury and not one of law for the court The trial court therefore erred In taking this question from the Jury and in directing a verdict for...