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" To this argument several answers might be given, but the main reason why it is unsound is this: as the question of negligence on the part of the defendant was one of fact for the jury to determine, under all the circumstances of the case, and... "
The Southwestern Reporter - Page 254
1917
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1889 - 856 pages
...could be reasonably expected of an ordinarily prudent person under like circumstances ; and this was a question for the jury to determine under all the circumstances of the case. This case seems to us to be peculiarly within the rule stated by the supreme court of the United States,...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 28

1888 - 912 pages
...were destroyed, for which plaintiff brought suit against the owners of the steamboat. Held, that it is a question for the jury to determine, under all the circumstances of the case, — with the wind blowing, the inflammable character of the elevator, the combustible material of which...
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A Practical Treatise of the Law of Evidence, and Digest of Proofs ..., Volume 2

Thomas Starkie - 1842 - 736 pages
...C. k (i) Л. v. Druminond, Leach's С. С. L. p 044. admissible is a question for the Court, and not for the jury, to determine, under all the circumstances of the case (и). In Tinkler s Case (ч), a majority of the Judges were of opinion that the Force and death-bed...
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The American State Reports: Containing the Cases of General Value ..., Volume 18

Abraham Clark Freeman - 1891 - 1036 pages
...fourteen to take care of themselves, and failing to do so to be guilty of contributory negligence, is for the jury to determine, under all the circumstances of the case: We*tln-ook v. Mobile etc. RR Co., 66 Miss. 660; 14 Am. St. Rep. 587, and particularly note 690-696....
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United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ...

United States. Supreme Court - 1892 - 760 pages
...it is unsound is this : As the question of negligence on the part of the defendant was one of fact for the jury to determine, under all the circumstances of the case, and under proper instructions from the court, so Opinion of the Court. also the question of whether there...
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Reports of Cases Argued and Determined in the Appellate Court of ..., Volume 6

Indiana. Appellate Court - 1893 - 800 pages
...complete revocation or rescission of the original contract. This was essentially a question of fact for the jury to determine under all the circumstances of the case. Taking the appellant's evidence alone to be.' true, there would be abundant evidence to justify a finding...
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The American and English Encyclopedia of Law, Volume 24

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1894 - 1068 pages
...Williams f. Citizens' St. R. Co. (Ind. 1891), 29 NE Rep. 408. It is held in New Hampshire that it is a question for the jury to determine, under all the circumstances of the case, whether or not moving a house along a street constitutes a nuisance. Graves v. Shattuck, 35 NH 257;...
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Reports of Cases Argued and Adjudged in the Supreme Court of the District of ...

District of Columbia. Supreme Court (1863-1936), Charles Cowles Tucker, Walter Collins Clephane - 1895 - 712 pages
...why it is unsound is this: as the question of negligence on the part of the defendant was one of fact for the jury to determine, under all the circumstances of the case, and under proper instructions from the court, so, also, the question of whether there was negligence in...
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American Negligence Cases: A Complete Collection of All Reported ..., Volume 7

1897 - 830 pages
...why it is unsound is this: As the question of negligence on the part of the defendant was one of fact for the jury to determine under all the circumstances of the case, and under proper instructions from the court, so, also, the question of whether there was negligence in...
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Digest of the Reports of the Supreme Court of California: Volumes ..., Volume 4

James Henry Deering - 1896 - 584 pages
...(Anaheim Union Water Oo. v. Parker, 101 Cal. 483.) 6. In an action upon such bond It is a question of fact for the Jury to determine, under all the circumstances of the case, whether the secretary was a defaulter at the time the bond was executed; and an instruction declaring...
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