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" ... a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence. "
American State Trials: A Collection of the Important and Interesting ... - 898 페이지
편집 - 1916
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Reports of Cases Argued and Determined in the Supreme Court of the ..., 15권

Vermont. Supreme Court - 1844 - 820 페이지
...injured conducted with due care and skill, — are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character, as to justify the court...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., 76권

Georgia. Supreme Court - 1888 - 946 페이지
...offered, and the bidder has failed to comply with his bid, be unreasonable, is a mixed question of law and fact, to be determined by the jury under proper instructions from the court, and it is error for the court to determine this question himself. The questions in this case...
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Reports of Decisions in Criminal Cases Made at Term at Chambers: And in ..., 6권

Amasa Junius Parker - 1868 - 738 페이지
...to pass upon except the credibility of the witnesses. The question of intent is always a question of fact to be determined by the jury, under proper instructions...defendant snatched the watch that he did produce. We insist that it should have been left to the jury to say with what intent the act was done. The People...
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Albany Law Journal, 32권

1886 - 546 페이지
...whether or not tbe defendant in a given case is chargeable with negligence is ordinarily a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence. And the same is true in regard to contributory negligence...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, 67권

Ohio. Supreme Court - 1903 - 708 페이지
...in order that his claim of the statutory bar, if correct, might be established. It was a question of fact to be determined by the jury under proper instructions from the court. The ground stated for the objection pointed to the weight and effect of the evidence rather...
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A Digest of All the Reported Decisions of the Supreme Court of the State ..., 1권

Daniel Roberts - 1878 - 906 페이지
...party injured conducted with due care and skill, are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character as to justify the court...
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Tennessee Reports: Reports of Cases Argued and Determined in the Supreme ...

John Waller Head - 1879 - 426 페이지
...observed, that the question, what amounts to a waiver, is, in all cases, a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. But, though the technical conversion be waived, impliedly, still, the same result in favor of...
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The Law of Bills, Notes, and Checks: Illustrated by Leading Cases

Melville Madison Bigelow - 1880 - 748 페이지
...found, it becomes exclusively a question for the court ; if not, it is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. Indorsement after maturity has been said to be equivalent to drawing a new bill payable at sight,...
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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 - 1882 - 834 페이지
...articles fall within the meaning of a passenger's personal baggage or not, is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. It is correctly remarked in the " notes" to Thompson's Carriers of Passengers, p. 510, sec....
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New England Reporter: All Cases Determined in the Courts of Last Resort ..., 1권

1885 - 1102 페이지
...whether or not the defendant in a given case is chargeable with negligence, is ordinarily a question of fact to be determined by the jury under proper instructions from the court as to what constitutes negligence. And the same istrue with regard to contributory negligence...
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