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" ... a question of fact for the jury, and not of law for the court. "
The Pacific Reporter - Page 308
1892
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 16

Washington (State). Supreme Court - Law reports, digests, etc - 1897 - 792 pages
...negligence as to preclude his maintaining an action for the injuries thereby received was a question of fact for the jury and not of law for the court. City Railway Co. v. Lee, 50 NJ Law, 435 (14 Atl. 883), is a case where a party sat on the foot board...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1897 - 854 pages
...a railroad right of way of obstructions to the sight of passing or crossing travelers is a question of fact for the jury, and not of law for the court. In the case under consideration it will be observed that the court below declared the law without qualification...
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Selected Cases on the Law of Partnership: Including Limited Partnerships

Francis Marion Burdick - Partnership - 1898 - 716 pages
...acts 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....
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Canadian Criminal Cases Annotated, Volume 1

Criminal law - 1898 - 680 pages
...the effect it might have on the mind of the person to whom it was made, but still the question was one of fact for the jury and not of law for the judge. It may be that the threat in the present case is not one necessarily of a character to excite...
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The American State Reports: Containing the Cases of General Value ..., Volume 67

Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1054 pages
...of them. Whether Saalfeldt properly acted in obedience to such order or not was clearly a question of fact for the jury, and not of law for the court. It is, however, further contended that whether the risk was incident to his contract of employment...
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The American State Reports: Containing the Cases of General Value ..., Volume 67

Abraham Clark Freeman - Law reports, digests, etc - 1899 - 1064 pages
...of them. Whether Saalfeldt properly acted in obedience to such order or not was clearly a question of fact for the jury, and not of law for the court. It is, however, further contended that, whether the risk was incident to his contract of employment...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 21

Washington (State). Supreme Court - Law reports, digests, etc - 1900 - 814 pages
...for negligence, the question of whether the evidence shows proper care on the part of the defendant is one of fact for the jury and not of law for the court, when different inferences are deducible therefrom. — Lane v. Spokane Falls & N. Ry. Co 119 10. Same...
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Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Volume 32

New York (State). Courts - Law reports, digests, etc - 1900 - 874 pages
...there was no intention on his part to defraud, but that question is, as in People v. Wiman, supra, one of fact for the jury, and not of law for the court upon habeas corpus and certiorarL The district attorney claims that he can prove that not only the...
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Reports of Cases Argued and Determined in the Superior and Common Pleas ...

Ohio. Superior Court (Montgomery County), Oscar M. Gottschall - Law reports, digests, etc - 1900 - 520 pages
...proof, the evidence might be either direct or circumstantial. Notice or knowledge here was a question of fact for the jury, and not of law for the court. HAYNES, J. In pleading there should have been the direct averment of the main fact of knowledge or...
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The Revised Statutes of the State of Indiana ..., Volume 1, Parts 1-55

Indiana - 1901 - 1792 pages
...Shinn v. State, 68 Ind. 423. 3. Whether certain labor on Sunday Is a work of necessity, is a question of fact for the. jury, and not of law for the Court. — Edgerton v. State, 67 Ind. jSS . 4. Under the corresponding section of the Act of 1852, it was...
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