 | 1897 - 1218 σελίδες
...did not impute to appellant an indictable offense was not a question exclusively for the court, but a mixed question of law and fact, to be determined by the jury, under appropriate instructions from the court; and, to assist the jury in determining the ques-, tion, evidence... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1887 - 654 σελίδες
..." frequenting an opinm ilen," &c., would require more than one visit ; how many, it seems, would be a mixed question of law and fact, to be determined by the jury. — Id. DAMAGES. SEDUCTION— PARI DELICTU— MEASURE OF DAMAGES. (PER THAYFR, ,I. ) — The statute... | |
 | 1887 - 974 σελίδες
...of the instruments. Sections 2924, 2925, Civil Code. Whether a deed absolute in form be a mortgage or not is a mixed question of law and fact, to be determined from all the evidence, written and parol; and, in determining it, all the facts and circumstances attending... | |
 | 1917 - 1312 σελίδες
...plaintiff upon a finding of the matters referred to in the instruction, was erroneous, as waiver is a mixed question of law and fact to be determined by the jury. [Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 458-4GO; Dec. Dig. ®=194(11).] 5. TBIAL... | |
 | 1912 - 1338 σελίδες
...the corner of the car, which some witnesses testified was the safer Place for that purpose, was one to be determined by the Jury under proper instructions from the court, and this instruction told defendant was negligent, as charged, unless he was In the performance of his... | |
 | 1912 - 1068 σελίδες
...plantation roads were constructed. As to whether the crossings are convenient and suitable is a question of fact to be determined by the Jury under proper instructions from the court. We see no error In the record, and the case la affirmed. (100 Шва. 792) PHNNINGTON т. RITCHIE.... | |
 | John T. Cook - 1885 - 874 σελίδες
...whether or not the defendant in a given case is chargeable with negligence is ordinarily a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence. And the same is true with regard to contributory negligence... | |
 | John M. Keating - 1888 - 396 σελίδες
...after grant of the freehold, removable as between grantor and grantee. Whether machinery be fixtures or not, is a mixed question of law and fact, to be determined by suitable inquiry under the direction of the secretary of the navy. As to the second question, it is... | |
 | Arkansas. Supreme Court - 1913 - 690 σελίδες
...the time he will remain at the hotel. And the question whether one is a boarder or guest is one of fact, to be determined by the jury under proper instructions from the court. The court told the jury that the distinction between a boarder and a guest is made by contract.... | |
 | William Woodfall - 1890 - 936 σελίδες
...129, 138, 139. Mixed question of law and fact. — When the contract is an oral one, the question is a mixed question of law and fact, to be determined by The jury under instructions from the court. Facts which constitute a simple tenancy in one state create qualified... | |
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The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court. 
