 | Robert Thomas Devlin - 1897 - 800 páginas
...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.... | |
 | Norman Fetter - 1897 - 888 páginas
...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... | |
 | Judah Philip Benjamin - 1899 - 1142 páginas
...important case 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... | |
 | 1900 - 810 páginas
...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... | |
 | John Milton Gardner, Walter James Eagle - 1900 - 848 páginas
...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... | |
 | Abraham Clark Freeman - 1901 - 1070 páginas
...plaliitlff 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... | |
 | Arthur Jerome Eddy - 1901 - 892 páginas
...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... | |
 | West Virginia. Supreme Court of Appeals - 1902 - 832 páginas
...board of education 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... | |
 | Washington (State). Supreme Court, Eugene Glenroy Kreider - 1902 - 804 páginas
...hands, with 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... | |
 | Frank Farnum Dresser - 1902 - 906 páginas
...to seek his remedy at common law. The reasonableness of rules deliberately adopted and acted on is a question of law for the court, and not of fact for the jury.50 Particular instructions are, it would seem, those given by the employer personally. They must... | |
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If it was sufficient of itself, it was a question of law for the court and not of fact for the jury. 
