 | Francis Wharton - Negligence - 1874 - 960 pages
...circumstances, all would enter into the question of the probability of the injury. The question was, therefore, one of fact for the jury, and not of law for the court." 1 See Collins v. Middle Level Commis., LR 4 CP 279. Infra, § 934. 8 Infra, § 802. wind. The field... | |
 | Law reports, digests, etc - 1874 - 660 pages
...necessarily very much upon the circumstances of each case, and, in the nature of things, is a question of fact for the jury, and not of law for the court. What would be reasonably sufficient in one place might be entirely inadequate and insufficient in another,... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1875 - 1070 pages
...executed, whether the defendant or vendee claims title under an absolute deed or not, is a question of fact for the jury, and not of law for the court. Adams on Ejectment, appendix, p. 600, and cases there cited. Now, the proofs in this case show that... | |
 | Law - 1876 - 860 pages
...359, this writer assumes that "the strong tendency of the law now is to treat the question of fraud as one of fact for the jury, and not of law for the court," concurring in this respect with Mr. May. Mr. Bump has appreciated, to some extent, the distinctive... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1876 - 518 pages
...whether VOL. X.— 19 Points decided. the knife produced in court was a deadly weapon, was a question of fact for the jury and not of law for the court; that the jury, if left to decide it, might have found that the knife was not a deadly weapon, and,... | |
 | William Oldnall Russell, Charles Sprengel Greaves - Criminal law - 1877 - 780 pages
...pronounced in the Dorset dialect, D'rius) and Trius sounded alike; and it was held that it was a question of fact for the jury, and not of law for the court; and the judges could not affirm as matter of law that the two names sounded alike. as showed that they... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1910 - 688 pages
...on the second, question. Whether the mistake was due to the one or the other or both were questions of fact for the jury, and not of law for the court. 5. But the first ground urged by the appellant why the verdict ought to have been directed was that... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1904 - 636 pages
...negligence must be determined from the facts disclosed in each particular case, and is generally a question of fact for the Jury, and not of law for the court.' 8. Same. Plaintiff, an Inexperienced miner, was injured by a cave in a Btope, and the evidence tended... | |
 | Law reports, digests, etc - 1926 - 1144 pages
...and we have no difficulty in arriving at the conclusion that the question of assumption of risk was one of fact for the jury and not of law for the court, and that there was no error in denying the motion of defendant at the close of the evidence for an instructed... | |
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... a question of fact for the jury, and not of law for the court. 
