... warrant a finding of a contract expressed in words." It was thought, however, that the evidence was sufficient to take the case to the jury "on the question of contract implied from the offer of defendant to furnish Carlson with support for life and... The New York Supplement - Page 2421913Full view - About this book
| 1922 - 1136 pages
...instruction there was no exception. Without again rehearsing the evidence, we are of opinion that the evidence was sufficient to take the case to the jury on the question of defendant's alleged negligence, and as to whether deceased was free from contributory negligence. Wine v. Jones,... | |
| 1914 - 1232 pages
...CROSSING ACCIDENTSUFFICIENCY OF EVIDENCE— NEGLIGENCE. The evidence in this case was sufficient to take the case to the jury on the question of defendant's negligence and plaintiff's contributory negligence. See former opinion, 24 Okl. 764, 108 Рас. 361, § 2, Syllabus.... | |
| 1910 - 1168 pages
...and check given in payment for his share of the purchase price of said patent riirht, held, that the evidence was sufficient to take the case to the jury on the ground of fraud ; held, also, that the execution of the renewal notes before the discovery by defendant... | |
| 1913 - 1152 pages
...them, and that the railroad track aC the point in question occupied a city street, was sufficient to take the case to the jury on the question of defendant's negligence and as to whether the torpedoes were left by defendant's servants in the place where found. [Ed. Note.... | |
| 1907 - 1164 pages
...the negligent acts on which appellees rely to recover In this action. They are clearly sufficient to take the case to the Jury on the question of defendant's negligence. The boy being under 14 years of age, the presumption of incapacity to appreciate the danger arose and... | |
| 1902 - 1164 pages
...trial of the replevin suit the writ and the bond were produced by the clerk of the court Held, that the evidence was sufficient to take the case to the jury on the questions as to whether, when defendant served the writ, he had a bond to defendant in the replevin... | |
| 1910 - 1132 pages
...given. This, In connection with the testimony as to the speed of the locomotive, was sufficient to take the case to the jury, on the question of defendant's negligence. The credibility of the witnesses was for the jury. The assignments of error are all dismissed, and... | |
| 1914 - 1410 pages
...Appellant insists that a peremptory instruction should have been given, but we are of the opinion that the evidence was sufficient to take the case to the jury on the question as to whether those in charge of the train negligently fulled to give the employés notice or warning... | |
| 1917 - 1356 pages
...<e=»307(9).] 3. RAILROADS <e=400(8) — FRIGHTENING ANIMALS — DISCOVERED PERIL — QUESTION FOR JUST. Such evidence was sufficient to take the case to the jury on the issue whether the engineer bad discovered plaintiffs peril. [Ed. Note.— For other cases, see Railroads,... | |
| Thomas Carl Spelling - 1892 - 812 pages
...not give the exact amount of the debt, nor remember whether any balance was struck. Held, that the evidence was sufficient to take the case to the jury on the question of whether such transfers to defendant were •within the inhibition of Code Ga. , § 4429, providing... | |
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