 | Law - 1892 - 554 pages
..."The jndge has a certain duty to discharge, and jurors have another and a different duty. The jndge has to say whether any facts have been established by evidence, from which negligence may reasonably be inferred; the jurors have to say whether, from those facts.negligence ought to be inferred."... | |
 | Law - 1889 - 794 pages
...governed, leaving it to you to trace its application in your private studies. It is the duty of the Judge to say whether any facts have been established by...which negligence may be reasonably inferred : the Jury has then to say whether, from those facts, negligence ought to be inferred. So then you have these... | |
 | Sir Arthur Underhill - Torts - 1878 - 370 pages
...important alike for the high tribunal before which it was heard, and the recent date of its decision. "The judge has a certain duty to discharge, and the...reasonably inferred; the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the... | |
 | Law - 1879 - 924 pages
...best conserved by maintaining intact the respective functions of the judge aud jury. The judge must say whether any facts have been established by evidence from which negligence may reasonably be inferred. If so, he shall submit the evidence to the jury to say if it ought to be inferred... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...Lordships' bar, any serious controversy as to the principles applicable to a case of this description. The judge has a certain duty to discharge, and the...jurors have another and a different duty. The judge lias to say whether any facts have been established by evidence from, which negligence may be reasonably... | |
 | Edward Lillie Pierce - Railroad law - 1881 - 684 pages
...action has arisen. Negligence cannot be exclusively a question of fact.5 A high authority has said, " The judge has to say whether any facts have been established...reasonably inferred ; the jurors have to say whether, 1 The disposition of jurie8 in such 38 Iowa, 52; Fernandes v. Sacramento cases against corporations... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 762 pages
...unsupported case to the jury. [Authorities.] À high authority expresses the principle in this form: 'The judge has to say whether any facts have been...submitted to them, negligence ought to be inferred. The relevancy of evidence, and whether any exist which tends to prove, or is capable of proving, negligence,... | |
 | Courts - 1916 - 1326 pages
...decision of the House of Lords in Metropolitan Railway Co. v. ./ocfoon(3), where Lord Cairns said, " The Judge has a certain " duty to discharge, and the...established by evidence from which negligence may be reason" ably inferred ; the jurors have to say whether from these " facts, when submitted to them,... | |
 | Herbert Broom - Common law - 1883 - 360 pages
...Judge and the Jury in trials for negligence. " The judge has a certain duty to discharge, and the jury have another and a different duty. The judge has to...been established by evidence from which negligence mai/ iie reasonably inferred. The jury have to say whether from those facts, when submitted to them,... | |
 | Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...Was there at the trial any evidence of this negligence which ought to have been left to the Jury ? A Judge has to say whether any facts have been established...which negligence may be reasonably inferred ; the Jury has to say whether from those facts, when submitted to them, negligence ought to be inferred.... | |
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The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from... 
