...made were made while she was afloat, so that it was impossible to see or examine her bottom. Yet we held that the court should have submitted to the jury the question whether the repairs actually made were a substantial compliance with the representation that the scow had been...

...exist, and excluded the proffered testimony. The defendant assigns error to the rulings, and contends that the court should have submitted to the jury the question whether or not such relation existed. [1] The plaintiff testified that a doctor in Morenci treated him; that...

...Sedgw. on Dam. (7th ed.), 40, 343; Brandt v. Foster, 5 Iowa. 287; Griffin v. Reynolds, 17 How., 610. The court should have submitted to the jury the question whether the plaintiff, before he purchased these lands, knew that the railroad track went through them. There is...

...brought by the plaintiff to recover damages for the negligent killing of her intestate bv the defendant: Held, that the court should have submitted to the jury the question as to whether the defendant was not guilty of negligence in failing to place upon the bottle a label...

...In this action, brought by the plaintiff to recover damages for negligent killing by the defendant, held, that the court should have submitted to the jury the question as to whether the defendant was not guilty of negligence in failing to place upon the bottle a label...

...without probable cause, and maliciously, was the plaintiff damaged thereby ?" The appellant insists the court should have submitted to the jury the question whether the suit was prosecuted without probable cause, although there was such cause for its commencement ; the...

...in the case relative to the agreement claimed to have been made by defendants bet wen the parties. The court should have submitted to the jury the question whether the agreement, if they found one to have been made between plaintiff and defendant Patterson, in May, 1880,...

...Insane person Is not a defense to actions on any other contract, so far as we know. Under the evidence the court should have submitted to the Jury the question whether the assured voluntarily killed himself while sane. We Intimate no opinion as to what should be the rule...

...plaintiff has appealed. We are asked to reverse the judgment upon three grounds. The first ground is, that the court should have submitted to the jury the question whether the deceased came to his death while engaged in the military service of the United States in time of war....

...September 5, 1894. and 88 New York State Reporter. It is further urged on behalf of the defendant Vasquez that the court should have submitted to the jury the question whether or not the firm of Kugelman & Co. was insolvent at the time the transfer was made. The ruling of the...