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 2541917Full view - About this book
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
| 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... | |
| 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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