...discovered, which was also the point where deceased was injured when he sustained the fall. Held, That the evidence was sufficient to take the case to the jury on the question of whether or not the peritonitis was the result of the injury complained of. Same — Same — Proximate...

...discuss the evidence from the standpoint of whether or not negligence was shown. The court held the evidence was sufficient to take the case to the jury on the issue of, was the explosion caused by the "improper and unsafe condition" of the equipment, and was...

...JURT. Evidence in an action for death of a pedestrian on a railroad crossing, held sufficient to carry the case to the jury on the question of defendant's negligence and plaintiff's contributory negligence. [Ed. Note. — For other cases, see Railroads, Cent. Dig. §§...

...Appellant insists that a peremptory instruction should have been given, but we are of the opinion that the evidence was sufficient to take the case to the jury on the question as to whether those in charge of the train negligently failed to give the employes notice or warning...

...sufficiency to "warrant a finding of a contract expressed in words." It was thought, however, that the evidence was sufficient to take the case to the jury "on the question of contract implied from the offer of defendant to furnish Carlson with support for life and its acceptance...

...and checque given in payment for his share of the purchase price of said patent right. HELD, that the evidence was sufficient to take the case to the jury on the ground of fraud. HELD ALSO, that the execution of the renewal notes before the discovery by defendant...

...motion for judgment or a new trial. Our examination of the record leads to the conclusion that the evidence was sufficient to take the case to the jury on the question of defendant's negligence, and we come at once to defendant's contention that plaintiff was not entitled to a verdict, notwithstanding...

...not likely to occur on another trial, and we shall not extend this opinion by their discussion. The evidence was sufficient to take the case to the jury on the question of defendant's negligence in the respects alleged in the complaint, and we pass to a consideration of the questions necessary...

...rider, caused by the breaking of a rod by which the movements of the carriage were controlled, the evidence was sufficient to take the case to the jury on the question of defendant's alleged negligence, and the court erred In directing a verdict for defendant. — Gomulak v. CA Smith...

...plaintiff was entitled to the rights of a passenger when injured, was there sufficient evidence to take the case to the jury on the question of defendant's negligence ? It appeared that the train, consisting of 35 or 40 cars, was equipped with air brakes, except that...