...was conductor, thereby injuring him as he stood on the running-board of the car, collecting fares, it is the duty of the court to submit the case to the jury. 2. SAME — when street car conductor is not, as a matter of law, guilty of contributory negligence....

...either to dismiss the complaint, or to direct a verdict for the defendants. Consequentty, it became the duty of the court to submit the case to the jury, and this was done under a charge which so fully and correctly covered all the questions of fact and...

...decision. Where there Is a possibility that the accident happened without any fault of the plaintiff, It is the duty of the Court to submit the case to the Jury, even though his story may be improbable. It is error to grant a non-suit, unless it is Inherently Impossible...

...the court was requested to direct а тегdiet for the defendant, the law is clearly settled as to the duty of the court to submit the case to the jury. In Insurance Co. v. Ward, 140 US 76, 11 Sup. Ct. 720, the court said: "There was evidence in the case...

...price of which was almost six thousand ($6,000.00) dollars. Under the circumstances it was clearly the duty of the court to submit the case to the jury. The witnesses were substantial business men and their testimony was clear and convincing. The surrounding...

...verdict in his favor, and he does nothing to waive his rights except to make the motion, It Is then the duty of the court to submit the case to the jury, unless the opposite party Is, upon the evidence, as a matter of legal right, entitled to a verdict...

...property had been sold for a small amount, under fore, closure, many years previously. It was clearly the duty of the court to submit the case to the jury. The evidence fully warranted the conclusion that the defendant had never bought such stock, and that...

...and the facts were very imperfectly disclosed, but such inferences were possible from them as made it the duty of the court to submit the case to the jury. At the close of the plain tiff's, evidence a motion for a non-suit was made and granted. Julius Lipman,...

...in some cases may be sufficient to entirely overcome the presumption." Wills, Clrc. Ev. 87. It was the duty of the court to submit the case to the jury in a manner to require a consideration of not only the fact of the respondent's recent possession of...

...given ; and if there is testimony in the case tending to show the claim was true, it was certainly the duty of the court to submit the case to the jury upon that point. On the part of the defendant, the conductor, engineer, fireman, brakeman, and another...