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" The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred : the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion,... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Σελίδα 422
των Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Francis Marion Dice, Augustus Newton Martin, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1888
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Encyclopaedia of the laws of England: with forms and precedents by the most ...

Alexander Wood Renton, Maxwell Alexander Robertson - 1907 - 712 σελίδες
...to say whether, from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration...the judge were to withdraw the case from the jury on the ground that, in his opinion, negligence ought not to be inferred; and it would, on the other...

The Law of Torts: A Treatise on the English Law of Liability for Civil Injuries

Sir John William Salmond - 1907 - 574 σελίδες
...to say whether from these facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration...maintained, and should be maintained distinct It would . . . . place in the hands of the jurors a power which might be exercised in the most arbitrary manner,...

The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1912 - 768 σελίδες
...213, 43 L. per Lord Ha'.sbury, 12 App. Cn. JQB 151 (1873-4). at p. 43. (y) 3 App. Ca. 193, 47 LJ tion of justice that these separate functions should be...distinct. It would be a serious inroad on the province of a jury, if in a caso where there are facts from which negligence may reasonably be inferred, the judge...

Western Law Reporter (Canada) and Index-digest, Τόμος 31

Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 1915 - 1004 σελίδες
...to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration...distinct. It would be a serious inroad on the province of a jury if, in a case where there are facts from which negligence may reasonably be inferred, the judge...

Reports of Cases Decided in the Appellate Court of the State of ..., Τόμος 55

Indiana. Appellate Court - 1915 - 854 σελίδες
...to say whether, from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration...maintained, and should be maintained distinct.' " It is also urged that, in the absence of other evidence of the cause of the fall of the scaffold, it was...

Some Lessons from Our Legal History

Sir William Searle Holdsworth - 1928 - 220 σελίδες
...prerogative as judge of the fact; and to prevent both from being infringed. "It is," said Lord Cairns,86 "of the greatest importance in the administration of justice that these separate functions [of judge and jury] should be maintained, and should be maintained distinct. It would be a serious...

Reports of Cases Determined in the Appeal and Chancery Divisions ..., Τόμος 21

New Brunswick. Supreme Court - 1882 - 672 σελίδες
...has to say whether from those facts, when submitted to them, negligence ought to be inferred. It is my opinion of the greatest importance in the administration of justice that those separate functions should be maintained distinct. It would be a serious inroad on the province...

The Northeastern Reporter, Τόμος 14

1888 - 1036 σελίδες
...to say whether, from those facts, when submitted to them, negligence ought to be inferred. It is in my opinion of the greatest importance, in the administration...withdraw the case from the jury upon the ground that, in bis opinion, negligence ought not to be inferred; and it would, on the other band, place in the hands...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1878 - 842 σελίδες
...to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration of justice that those separate functions should be maintained distinct. It would be a serious inroad on the province...

The Manitoba Reports: Containing Reports of Cases Decided in the ..., Τόμος 29

1920 - 588 σελίδες
...to say whether from these facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration of justice that these two separate functions should be maintained and should be maintained distinct. It would be a serious...




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