 Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.  Kansas Reports - Σελίδα 285των Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1902Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Ohio. Courts - 1915 - 648 σελίδες
...submitted to the jury. If the act or motive of the janitor, under these circumstances, can be said to be a question of fact for the jury and not a question of law for the court, how much more strongly can it be urged that it was for the jury to say whether Pelrein intended to... | |
 | 1916 - 1380 σελίδες
...for the jury. The question of primary negligence, like that of contributory negligence, is always a question of fact for the jury and not a question of law for the court, whenever the minds of reasonable men might differ as to its existence. Bichmond v. Tacoma Ey. etc.... | |
 | Great Britain. Magistrates' cases - 1916 - 732 σελίδες
...point of fact." I take it, therefore, that the application of the presumption in a particular case is a question of fact for the jury and not a question of law for the court. Buckley, LJ says that the justices have decided a question of mixed fact and law. If so, it was within... | |
 | 1919 - 1064 σελίδες
...question as to whether the proper care was given, or whether the circumstances established negligence, is for the jury and not a question of law for the court. Federal Min. & Smelting Co. v. Anderson, 253 Federal 362, p. 364. JURISDICTION OF COURT — INJURIES... | |
 | Charles K. Morganroth - 1920 - 472 σελίδες
...under consideration, we insist that we were right in holding that the plaintiff's negligence was a question of fact for the jury, and not a question of law for the Court. The danger was neither great nor imminent. On the contrary it is apparent that the walk might have... | |
 | 1920 - 518 σελίδες
...believe that the agent had full charge of the property. It was held that the question of authority was a question of fact for the jury and not a question of law for the Court. Case referred back to the referee to make further report. CB Lenahan, for plaintiff. HA Gordon, for... | |
 | Daniel Webster Mead - 1924 - 584 σελίδες
...was used, that would constitute a substantial performance of contract. Substantial performance is a question of fact for the jury and not a question of law, it therefore follows that the question as to whether or not there has been substantial performance... | |
 | 1921 - 1852 σελίδες
...137 Am. St. Rep. 738. (NJ 1907) How a prudent man would act in the face of distracting dangers is a question of fact for the jury and not a question of law on which the court may order a nonsuit or direct a verdict.— Weston v. Pennsylvania R. Co., 05 A.... | |
 | Minnesota. Supreme Court - 1922 - 638 σελίδες
...thereon. The evidence made the question as to whether the policy had been canceled by mutual consent a question of fact for the jury, and not a question of law for the court, and justifies the conclusion reached by the jury. Defendant assigns a number of rulings made during... | |
 | 1922 - 1130 σελίδες
...been passengers upon street cars, but the weight of authority is that the question of negligence is a question of fact for the jury, and not a question of law to be ruled upon by the court." In Seigel v. Eisen, 41 Cal. 109, the plaintiff, while standing on the... | |
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