| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1885 - 678 pages
...question upon the evidence as to whether Parker was or was not guilty of contributory negligence was one of fact for the jury, and not of law for the court, and as there was evidence satisfactorily supporting the verdict, we must leave it undisturbed. There are,... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1885 - 912 pages
...greater risk to the passers-by than the construction of the elevated bridge; all these were questions of fact for the jury and not of law for the court. They were made questions of law by force of the charge which in effect denounced as negligent a construction... | |
| Law - 1885 - 548 pages
...acte done by the defendant or by his authority, is as in other cases of estoppel in pais, a question of fact for the jury, and not of law for the court. The nature and amount of evidence requisite to satisfy the jury may vary according to circumstances.... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1886 - 764 pages
...change of the firm; but standing alone they would not be conclusive, and the question would still be one of fact for the jury and not of law for the court ; and as, in ciddition to this, the evidence on the part of the plaintiff tended to show that the changes... | |
| Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1886 - 770 pages
...seen the boys, had they kept a lookout before starting and in the direction of the moving engine, was one of fact for the jury and not of law for the court, upon principles repeatedly held by this court, including the decision of this case upon the former... | |
| Law reports, digests, etc - 1907 - 1166 pages
...or lode within the limits of the claim, before its location, as required by the act of Congress, was one of fact for the jury and not of law for the court In Blue Bird Mining Co. v. Largey (U. a CC, D. Mont.) 49 Fed. 289, it is said: "The first question... | |
| Law reports, digests, etc - 1886 - 862 pages
...letters containing a promise to take the case out of the statute refer to the original debt is a question of fact for the jury, and not of law for the court: Dickintan v. Lott, 29 Tex. 172. 10. Receipt*. — The construction of a written receipt ia a matter... | |
| Law reports, digests, etc - 1919 - 1050 pages
...gotten off the truck or wagon and wa'ked. under all the facts and circumstances in the case. is a matter of fact for the jury, and not of law for the court to determine. Nor can we say as a matter of law that the plaintiff was guilty of contributory negligence... | |
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