...result of the negligence charged. What is the proximate cause of an injury is ordinarily a question of fact, to be determined by the jury from a consideration of all the attending circumstances. (Pent v. Toledo, Peoria and Warsaw Railway Co. 59 111. 349 ; Pullman Palace...

...express malice is proved upon the trial of a case. The existence or nonexistence of malice is a matter to be determined by the jury from a consideration of all the facts in evidence. "The proof of homicide, as necessarily involving malice, must show the facts under...

...itself is a species of insanity, and may invalidate a will made during a drunken fit; and long-continued habit of intemperance may gradually impair the mind...was in a drunken fit at the time of the execution of the will. In fact Jacobs testifies that he was not drunk, though he had been drinking to some extent....

...drunkenness on the part of the deceased have been proved, and whether his mind was thereby affected, and to what extent, if any, are questions of fact to be...the jury, from a consideration of all the evidence. 1 Red. on Wills, 160-162; 1 Jarm. on Wills, 5 Am. Ed., 97; Wharton & Stille, § 36 et seg.; Ray Mod....

...use and l>enefit of said Dunning, then said mortgages would be fraudulent and void in law, but these are questions of fact to be determined by the jury from a consideration of all the evidence in the case. "Ninth—You are instructed that while a bonaf.de creditor may take adequate security...

...Vandalia v. Hues. way was of a character likely to frighten gentle horses carefully driven, is one of fact, to be determined by the jury from a consideration of all the evidence touching the character, location and surroundings of the obstruction at the time of the accident. 4....

...Dunning, — then said mortgages would be fraudulent and void in law; but these are questions of facts to be determined by the jury from a consideration of all the evidence in the case. Ninth. You are instructed that, while a bon* tide creditor may take adequate security...

...not the possession was taken by mistake, or without the intention of claiming title, is a question of fact to be determined by the jury from a consideration of all the evidence in the case. It is error to call special attention of the jury to a part only of the evidence and the...

...rule is that the question whether servants of the same master are fellow servants is a question of fact, to be determined by the jury from a consideration of all the facts and circumstances proven in the particular case, under proper instructions from the court (Norton...

...this is all that the law requires." B. QUEST1ON OP FACT FOR JURY. — Actual fraud is a question of fact to be determined by the jury from a consideration of all the evidence before them,81 and where the evidence, upon the whole, to a reasonable degree of certainty, tends to...