...Buch weapon.4 The question of what is a deadly weapon where there is no dispute about the facts, is one of law for the court and not of fact for the jury.8 § 337. Gross Recklessness, when Evidence of MalicB. — Malice may be proved by evidence of...

...concealment of value, upon the undisputed facts of the agreement and of the silence of the plaintiffs, was one of law for the court, and not of fact for the jury ; and that silence only as to value amounted to such an imposition upon the defendant, as would relieve...

...towing it, so as to make them the servants of the owners of the tug. Held, error. The question was one of law for the court and not of fact for the jury. Judgment below reversed. .Arctic fire Ins. Co. v. Austin. Opinion by Allen, J. 2. Respondent superior...

...towing it, so us to make them the servants of the owners of the tug. Held, error. The question was one of law for the court and not of fact for the jury. Judgment below reversed. Arctic Fire Ins. Co. v. Anilin. Opinion by Allen, J. 2. Respondent superior...

...mistake, if they should think the difference very great. If it was sufficient of itself, it was a question of law for the court, and not of fact for the jury. There was no evidence besides the deed to show fraud in Kreiter or mutual mistake of the parties. The...

...evidence, nor disputed facts, nor any doubt upon the evidence, or the inferences to be drawn from it, is one of law for the court, and not of fact for the jury. Heyne v. Blair, 62 NY (17 Sick.) 22 ; Ctoon v. Gerry, 13 Gray (Mass.), 201 ; Taylor v. Godfrey, 36...

...the facts, the questions of reasonable or unreasonable time, or delay, or diligence, are questions of law for the court, and not of fact for the jury. The following cases are referred to: Ellis v. Paige, 1 Pick., 43; SC, 2 Id., 71, 77, note; Gilbert...

...which are offered in evidence to show a legal establishment of a road are sufficient, is a question of law for the court, and not of fact for the jury. State v. Prine, 25 Iowa, 232. IDENTIFICATION OF PLAT. Although the plat of a road is not referred to...

...his possession, until informed to the contrary. The construction of written instruments is a matter of law for the court, and not of fact for the jury, unless when the meaning and construction are doubtful, and depend upon extrinsic evidence. — Aguirre...

...his possession, unti] informed to the contrary. The construction of written instruments is n matter of law for the court, and not of fact for the jury, unless when the meaning and construction are doubtful, and depend upon extrinsic evidence. — Aguirre...