...(providing that the killing shall be primi faeie evidence of negligence of the company.) is overcome, is one of law for the court, and not of fact for the jury. — Id. 4. In an action against a railroad company for killing stock, it is not necessary to allege...

...Ev., sec. 23; Ferry v. Taylor, 33 Mo. 333 ; Bank v. Seymour, 31 N. "W. Rep. 145. (6) It is a question of law for the court, and not of fact for the jury, whether an offer of a certain sum of money was with a view to a compromise, and, therefore, not proper...

...(NY) 423. Whether a person claiming to be assignee by a written instrument is so or not, is a question of law for the court, and not of fact for the jury. Clark v. Edney, 6 Ired. (N. Car.) 50. In an action on a bond by the assignee, where the plea denies...

...and it evidently did not then occur to the learned counsel for the respondent that the question was one of law for the court, and not of fact for the jury, for he made no request to the court to direct a verdict. This objection, therefore, conies too late....

...a verdict should be directed for the defendant. Whether or not the evidence so tends, is a question of law for the court, and not of fact for the jury." Trumbull Common Pleas. Under pressure of hurried disposition of cases correct conception of the rule...

...of words is question for jury. See Slander, 25. 2. Construction of written instruments is a matter of law for the court and not of fact for the jury, unless the meaning and construction are doubtful and depend upon extrinsic evidence. (Aguirre V. Alexander,...

...Baltimore & Ohio R. Co., 16 How. 314, 334. 9. Whether a contract is opposed to public policy is a question of law for the court and not of fact for the jury. — In Pierce v. Randolph, 12 Tex. 290, the trial court submitted the question to the jury, and this...

...been none before. " AJ1 the essential facts in the present case are undisputed, and the question was one of law for the court, and not of fact for the jury. In this connection I quote, with approval, the language of the court of appeals of New York, in Appleby...

...165. 1 Withers v. Atkinson, 1 Watts, 337. The question whether an alteration is material or not, is one of law for the court and not of fact for the jury: Keen v. Monroe, 75 Va. 424; Burnham v. Aver, 35 NH 351; Stephens v. Graham, 7 S. & R. 505 ; 10 Am....

...the reasonableness of a regulation of a common carrier affecting the transportation of passengers is one of law for the court, and not of fact for the jury.' The necessity for this rule lies in the fact that it is only by this method that fixed and permanent...