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" When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw... "
United States Supreme Court Reports - Σελίδα 247
των United States. Supreme Court - 1904
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The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Τόμοι 53-54

1896 - 866 σελίδες
...NEGLIGENCE — CONTRIBUTORY NEGLIGENCE. —Contributory negligence is never a question of law unless the facts are such that all reasonable men must draw the same inference therefrom. ( Eichhorn v. Missouri. K. & T. Ry. Co., [Mo.] 32 3. W. Rep. 993.) RAILROAD COMPANIES...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 27

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 - 1904 - 636 σελίδες
...under a similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence...negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant was one of fact for the jury to determine,...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 17

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 - 1899 - 612 σελίδες
...personal injuries, alleged to have been caused through negligence, the facts shown by the evidence are such that all reasonable men must draw the same conclusion from them, the question of negligence becomes one of law for the court. . A person, in crossing a street having...

Reports of Cases Determined in the Supreme Court of the Territory ..., Τόμος 9

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 - 1894 - 588 σελίδες
...instructions from the court, and whenever a given state of facts is such that reasonable men would fairly differ upon the question as to whether there was negligence or not, the question of negligence should be submitted to the jury. RAILROADS.— ACCIDENT AT CROSSING. — INSTRUCTIONS.—...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 57-58

1894 - 2096 σελίδες
...under a similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence...negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley, 3 CCA 589, 53 Fed. Rep. 462. It is next claimed...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 53-54

1893 - 2192 σελίδες
...speaking by Mr. Justice Lamar, says: "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence...that the question of negligence is ever considered one of law, for the court." In the case of Kailroad Co. v. Stout, 17 Wall. 657, 663, 664, we think...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 61-62

1894 - 2074 σελίδες
...Sup. Ct. 679, the court said : "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence...determination of the matter is for the Jury. It is only whore the facts are such that all reasonable men must draw the same conclusion from them that the question...

The Federal Reporter

1928 - 1130 σελίδες
...guilty of contributory negligence was clearly a question for the jury. As said by Mr. Justice Lámar, it is only where the facts are such that all reasonable...draw the same conclusion from them that the question becomes one for the court. Here the defendant was clearly guilty of gross negligence which resulted...

The Federal Reporter, Τόμος 138

1905 - 1104 σελίδες
...under a similar state of affairs. When u given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter la for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion...

The Federal Reporter: Cases Argued and Determined in the ..., Τόμοι 95-96

1899 - 2058 σελίδες
...the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon the question as to whether there was negligence or not. the determination of the maiter is for the jury; but where the evidence is such that all reasonable men must draw the same,...




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