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" ... was one of law for the court and not of fact for the jury. "
The American Railway Reports - Página 469
1874
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Benjamin's Treatise on the Law of Sale of Personal Property: With References ...

Judah Philip Benjamin - 1899 - 1142 páginas
...of Medbury v. Watson, 6 Met. 246. The materiality of a false representation is ordinarily a question of law for the court, and not of fact for the jury. Caswell v. Hunton, 87 Me. 280 ; Penn. Ins. Co. v. Crane, 134 Mass. 56. Falsehoods such as these are...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volume 8

John Milton Gardner, Walter James Eagle - 1900 - 848 páginas
...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. Railway Co. v. Adcock, 52 Ark. 406, 12S. W. Rep. 874; Railway Co. v. Hardy, 55 Ark. 134 (1), 17 SW...
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The American and English Railroad Cases: A Collection of All Cases ...

1900 - 810 páginas
...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. Railway Co. v. Adcock, 52 Ark. 406, 12 SW 874; Railway Co. v. Hardy, 55 Ark. 134, 17 SW 711 ; Railroad...
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The Law of Combinations Embracing Monopolies, Trusts, and ..., Volume 2

Arthur Jerome Eddy - 1901 - 892 páginas
...et al. (1884), 97 Ind. 66. The question w hether the restriction of trade is or is not reasonable is one of law for the court and not of fact for the jury; and the tendency in the courts has been to construe all restrictions liberally and not strictly. But...
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The American State Reports: Containing the Cases of General Value ..., Volume 80

Abraham Clark Freeman - 1901 - 1072 páginas
...plaintiff to support an action of deceit, or by a defendant to avoid a contract, because of deceit. Is one of law for the court, and not of fact for the Jury. FRAUD— FALSE REPRESENTATIONS AS GROUND FOR AVOIDING CONTRACT.— If an agent of a publisher obtains...
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Reports of Cases Determined by the Supreme Court of Appeals of ..., Volume 49

West Virginia. Supreme Court of Appeals - 1902 - 832 páginas
...and under which another than the plaintiff taught the school, was a legal contract, was a question of law for the court and not of fact for the jury, and having correctly decided the contract legal and binding, it was not error to instruct the jury...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 26

Washington (State). Supreme Court, Eugene Glenroy Kreider - 1902 - 804 páginas
...power to employ and discharge them, and to direct their movements. This, therefore, became a question of law for the court, and not of fact for the jury. The instruction was proper. Several other errors are argued by appellant, arising out of instructions...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 7

William Weeks Morrill - 1902 - 988 páginas
...as well as the evidence offered by the defense, left those questions in such a condition that it was the duty of the court to submit the same to the jury, and that the trial judge committed no error in refusing to direct a verdict as requested by the defendant....
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The Law and Practice in Actions for Torts in the State of New York

James Newton Fiero - 1903 - 922 páginas
...disputed facts, or any doubt of the inferences to be drawn therefrom, the question of probable cause is one of law for the court, and not of fact for the jury. Heyne v. Blair, 62 NY 19, reversing 3 T. & C. 263. ^Tiere the facts are undisputed and but one inference...
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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volume 6

James Smith McMaster - 1903 - 1004 páginas
...particular act does or does not fall within the general power of a cashier is said to be a question of law, for the court, and not of fact, for the jury, although a question of fact may arise when it is claimed that the acts or conduct of the board of directors...
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