...court did not pass upon that question, and for the purpose of this appeal we shall assume that the evidence was sufficient to take the case to the jury on the question of the defendant's negligence. The verdict was directed in favor of the defendant, on the ground that...

...directed to market value, and no cross-examination showing that it was not so directed. Held, that this evidence was sufficient to take the case to the jury on the question of value. Ibid. 4. An instruction to the jury as to the proportion which plaintiff could recover of the...

...the opinion that such ruling was correct It was held, however, by a majority of the court that the evidence was sufficient to take the case to the jury on the question whether the defendant was negligent in not shutting off the high potential current while making repairs,...

...NEGLIGENCE — ASSUMPTION or RISK — VICE PRINCIPAL. In a personal injury action, it is held that the evidence was sufficient to take the case to the jury on the issues of the defendant's negligence, the contributory negligence of the plaintiff, whether a certain...

...car which was approaching and had been signaled to stop for her. No question is raised but that the evidence was sufficient to take the case to the jury on the question of freedom from negligence on the part of the plaintiff and negligence on the part of the driver of the...

...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...

...negligence, and that because thereof there should be no recovery. 1. There was sufficient testimony to take the case to the jury on the question of defendant's negligence. Several witnesses testified that no bell was rung or whistle sounded while the train was approaching...

...the evidence, and of course to be determined by the jury. As indicated, we are of opinion that the evidence was sufficient to take the case to the jury on the question of who was the efficient and procuring cause of the sale, and, holding that opinion, we conclude there...

...and the court did right to overrule the motion to direct a verdict for defendant — that is, if the evidence was sufficient to take the case to the jury on the question of defendant's negligence. [5] On this point, in addition to what has been said, the evidence reasonably tends to prove that as...

...return a verdict for defendant, which request was overruled. Conceding, without deciding, that the evidence was sufficient to take the case to the jury on the question of whether or not an assault had been committed as alleged, we are next confronted with defendant's assignment...