 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 matter is for the jury.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Σελίδα 251των 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 - 1894Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - 772 σελίδες
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under a similar state of affairs." Railway Co. v. loes, 144 US 417. The mere fact that deceased thought that the gates were not lowered... | |
 | 1905 - 1104 σελίδες
...case was such as would be expected of reasonably prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may...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... | |
 | 1907 - 2094 σελίδες
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under...a given state of facts is such that reasonable men majfairly differ as to whether there was negligence or not, the determination of the mutter is for... | |
 | 1899 - 2058 σελίδες
...the duty of the court to submit it to the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon...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,... | |
 | 1899 - 986 σελίδες
...to human life, and Impose great risks upon those who might have occasion to travel on the railroad." When a given state of facts Is such that reasonable...negligence or not, the determination of the matter la for the Jury. Railway Co. т. Ivés, 144 U. S. 408, 417, 12 Sup. Ct. 679; Railway Co. v. Griffith,... | |
 | 1921 - 1150 σελίδες
...evidence which ia most favorable to the demurrant. 2. Negligence <§=>I36(9)— Question for Jury. When a given state of facts is such that reasonable...not, the determination of the matter is for the jury. 3. Master and servant <g=>286(3 1)— Negligence in running over conductor held for Jury. From an examination... | |
 | 1909 - 1164 σελίδες
...then say whether the conduct of the parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs. When...given state of facts is such that reasonable men may fairy differ upon the question as to whether there was negligence or not, the determination of the... | |
 | 1911 - 1168 σελίδες
...from them that the drawing of the conclusion is ever considered as one of law for the court ; and, when a given state of facts is such that reasonable men may fairly differ in the conclusion to be drawn therefrom, the determination of the matter is for the Jury, and even... | |
 | 1900 - 1146 σελίδες
...reasonable and prudent and what shall constitute ordinary care -under any and all circumstances. * * * When a given state of facts is such that reasonable...negligence or not, the determination of the matter la for the jury. It is only when the facts are such that reasonable men must draw the same conclusion... | |
 | 1905 - 1312 σελίδες
...jury. In Grand Trunk Railway Co. v. Ivés, 144 U. S. 408, 12 Sup. Ct. 679, 36 L. Ed. 485, It was said: "When a given state of facts is such that reasonable...fairly differ upon the question as to whether there j was negligence or not, the determination of j the matter is for the Jury." The first and second specified... | |
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