 | 1896 - 866 páginas
...NEGLIGENCE — CONTRIBUTORY NEGLIGENCE. —Contributory negligence is never a question of law unless the facts are such that all reasonable men must draw the same inference therefrom. ( Eichhorn v. Missouri. K. & T. Ry. Co., [Mo.] 32 3. W. Rep. 993.) RAILROAD COMPANIES... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 páginas
...affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination...negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant was one of fact for the jury to determine,... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 páginas
...affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination...negligence is ever considered as one of law for the court. Although the defendant's negligence may have been the primary cause of the injury complained of, yet... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 páginas
...personal injuries, alleged to have been caused through negligence, the facts shown by the evidence are such that all reasonable men must draw the same conclusion from them, the question of negligence becomes one of law for the court. . A person, in crossing a street having... | |
 | 1894 - 2096 páginas
...affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination...negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley, 3 CCA 589, 53 Fed. Rep. 462. It is next claimed... | |
 | 1893 - 2192 páginas
..."When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination...that the question of negligence is ever considered one of law, for the court." In the case of Kailroad Co. v. Stout, 17 Wall. 657, 663, 664, we think... | |
 | 1907 - 2094 páginas
...whether there was negligence or not, the determination of the mutter is for the jury. It is only whore the facts are such that all reasonable men must draw...negligence is ever considered as one of law for the court." We deem it unnecessary to cite other authorities. There are reported cases almost without number which... | |
 | 1928 - 1130 páginas
...guilty of contributory negligence was clearly a question for the jury. As said by Mr. Justice Lámar, it is only where the facts are such that all reasonable...draw the same conclusion from them that the question becomes one for the court. Here the defendant was clearly guilty of gross negligence which resulted... | |
 | 1905 - 1104 páginas
...differ upon the question as to whether there was negligence or not, the determination of the matter la for the jury. It is only where the facts are such...reasonable men must draw the same conclusion from thorn that the question of negligence Is ever considered as one of law for the court." These questions... | |
 | 1894 - 2074 páginas
..."When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the Jury. It is only whore the facts are such that all reasonable men must draw the same conclusion from them that the question... | |
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When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw... 
