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" ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question. "
Reports of Cases Decided in the Court of Common Pleas of Upper Canada - Σελίδα 126
των Upper Canada. Court of Common Pleas, Ontario. Court of Common Pleas - 1853
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Τόμος 9

Ontario. High Court of Justice - 1885
...sufficient to take the case out of the Statute. This direction was held by the Court to be wrong ; and that it should have been left to the jury to say whether he used the words, he " would not pay " in jest, and without any intention of refusing to pay. In Ball...

The Australian Law Times, Τόμος 6

1885
...had inspected and approved of them. Judge Casey nonsuited the plaintiff, who appealed. THE COURT held that it should have been left to the jury to say whether the sheep had been disposed of by the defendant or his agents before the plaintiff inspected them,...

The Southwestern Reporter, Τόμος 5

1888
...defendant would be liable for any injury he sustained by reason of the negligence of its servants. Held, that it should have been left to the jury to say whether the train-master had any authority to give the defendant's consent for plaintiff to ride on the car....

A Digest of the Reported Decisions in the Supreme Court of New Brunswick ...

James Gray Stevens, New Brunswick. Supreme Court - 1888 - 303 σελίδες
...between plaintiff and M., and therefore within the Statute of Frauds ; but by Allen, CJ, and Palmer, J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ., (Wetmore, J.,...

The Law of Partnership, Τόμος 1

Clement Bates - 1888 - 1234 σελίδες
...for the jury to say whether it was in substance the same." Yet MARTIN, B., in 5 H. & N., 517, thinks that it should have been left to the jury to say whether John Blurton and John Blurton & Co. are not substantially the same. So where a firm's name is Charles...

Cases Determined in the St. Louis and the Kansas City Courts of ..., Τόμος 52

Missouri. Courts of Appeals - 1893
...Frederick v. Clemens, 60 Mo. 313, where the essential facts were similar to those in this case, it was said that it should have been left to the jury to say whether defendant, without negligence on his part, signed .the note sued on in ignorance of its true character,...

The New York Supplement

1896
...indemnity. Briefly epitomizing, therefore, the case which is here presented, we are of the opinion that it should have been left to the jury to say whether or not the transaction attending the giving of these notes was a mere cover for usury, of which the...

The Reports: Decisions of the Supreme Court of Newfoundland, Τόμος 7

Newfoundland. Supreme Court - 1897
...were improperly directed that the plaintiff was estopped by her own act from raising the question, and that it should have been left to the jury to say, whether the whole of the land was taken and entered upon by the Company for the purposes of the railway ; there...

A Treatise on the Law of Carriers of Passengers, Τόμος 1

Norman Fetter - 1897 - 1693 σελίδες
...suspicious, the mere production of the ticket was not sufficient to entitle plaintiff to recover, but that it should have been left to the jury to say whether plaintiff had procured it fairly, or was attempting an imposition. Davis v. Railway Co.. 20 UCQB 27....

Bankruptcy-Cargo

John Mews - 1898
...succeeding month, but had other property : — Held, that this was not per se an act of bankruptcy, but that it should have been left to the jury to say whether the conveyance was a fraudulent preference. lialme v. ftuttiirt, 2 Y. & J. 101. Pressure.] — A deed...




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