 | Theodore Sedgwick - 1852 - 722 σελίδες
...plaintiffs had a verdict for £45, with liberty to move to increase it by the amount of costs. It was held that it should have been left to the jury to say what a reasonable man would do under similar circumstances ; and if the litigation were found to be... | |
 | Ireland. High Court of Chancery - 1852 - 780 σελίδες
...whether the publication was privileged by the occasion of it, the Court also think it was privileged, and that it should have been left to the jury to say whether the publication was without malice and bonaf.de ? If the case be again tried before me, I shall of... | |
 | 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 - 1907 - 798 σελίδες
...liability upon the part of the city, and for that reason directed a verdict. We think this was error, and that it should have been left to the jury to say whether, under all the circumstances, the defendant was negligent. See the opinion written by Chief Justice... | |
 | Vermont. Supreme Court - 1853 - 732 σελίδες
...his own name." So in the case of Dyer v. Pearson, 3 Barn. & Cress. R. 38, ABBOTT, Ch. J., remarked, " That it should have been left to the jury to say whether " the plaintiff had by his own act, enabled Smith (the agent) ft> Davis & Aubin r. Bradley & Co. "... | |
 | Ontario. Court of Common Pleas - 1853 - 572 σελίδες
...second, whether the plaintiff was under disability as being resident out of the province. He contended that it should have been left to the jury to say whether the defendant was in possession in 1822 and continued so possessed; and if so, whether the lessor of... | |
 | 1854 - 532 σελίδες
...in support, on the ground the defendant was not an infant when the agreement was entered into, and that it should have been left to the jury to say whether or not at that time the defendant was an infant. They cited Cumber v. Wane, 2 fraudulently delivered... | |
 | David Graham (Jr.) - 1855 - 650 σελίδες
...for the plaintiff. A rule nisi was obtained, that this verdict might be set aside. One ground was, that it should have been left to the jury to say whether the defendant's letter to the plaintiff's attorney, applied to the demand for which the present action... | |
 | John Scott, Great Britain. Court of Common Pleas - 1857 - 534 σελίδες
...view taken by the Lord Chief Baron at the trial. It has been contended that that is erroneous, and that it should have been left to the jury to say whether there was any such implied contract. I think it was not a question for the jury at all. It is true... | |
 | John Campbell Allen - 1858 - 742 σελίδες
...the land. 10. That the evidence of John Steves was improperly rejected, as he was not interested. 11. That it should have been left to the jury to say whether the substance was coal or asphaltum. In Easter term last, the Attorney General, Gray, Johnson and AL... | |
 | 1858 - 642 σελίδες
...was admitted, but it was contended at Nisi Prius, and held by the Court upon motion for a new trial, that it should have been left to the Jury to say whether these circumstances were not sufficient to shew that the assignment was made not merely to secure the... | |
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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. 
