 | 1897 - 1252 páginas
...platform. 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...conclusion from them that the question of negligence is considered as one of law for the court. Railway Co. v. Ires, 144 US 408, 12 Sup. Ct. 670; Gardner v.... | |
 | Washington (State). Supreme Court - 1897 - 792 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...are such that all reasonable men must draw the same conOpinion of the Court — ANDEKS, J. [16 Wash. elusion from them, that the question of negligence... | |
 | Utah - 1897 - 1262 páginas
...that nil reasonable men might fairly differ upon the question as to whether there was contributory negligence or not, the determination of the matter...are such that all reasonable men must draw the same conclusions from them that the question of contributory negligence is considered one of law for the... | |
 | Frederick Pollock - 1897 - 712 páginas
...be left as such in the hands of the jury(o). The question of negligence is one of law for the Court only where the facts are such that all reasonable men must draw the same conclusion from them(p). It is true that the rules as to remoteness of damage set some bounds to the connexion of the... | |
 | Norman Fetter - 1897 - 888 páginas
...Miss. 601, 7 South. 401. "Negligence and contributory negligence are never questions of law, unless the facts are such that all reasonable men must draw the same inference from them." Eichhorn v. R.illway Co., 130 Mo. 575, 32 SW 993. See. also, Weber v. Railway... | |
 | 1898 - 1248 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." Railway Co. v. Ivés, 12 Sup. Ct. 679. When the view of the road is so obstructed as to render It difficult... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1898 - 716 páginas
...When a given state of the 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 courts." Railroad Co. v. Ives, 144 US 408; Low v. Grand Trunk R. Co., 72 Me. 313;... | |
 | Iowa. Supreme Court - 1898 - 888 páginas
...case is one for the jury; and this is true also when the facts are not in dispute. It is only when the facts are such that all reasonable men must draw...conclusion from them that the question of negligence becomes a question of law for the determination of the court. Moore v. Railway Co., 93 Iowa, 484; McFail... | |
 | Ohio State Bar Association - 1898 - 260 páginas
...evidence tended to establish." In Texas & Pacific Ry. Co. v. Gentry, 163 US, 353, the same court say—"it is only where the facts are such that all reasonable men must draw the same conclusions from them" that the question is one of law for the court. In the late case of Travellers... | |
 | James Bradley Thayer - 1898 - 680 páginas
...court. . . . When a given state of facts is such that reasonable men may fairly differ upon the question whether there was negligence or not, the determination of the matter is for the jury." Bait. &O. RR Co. v. Griffiths, 159 US 603 (1895). Compare Holmes, J , in Doyle w. B. & ARR Co., 145... | |
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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... 
