 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...  United States Supreme Court Reports - Pàgina 278per United States. Supreme Court - 1901Visualització completa - Sobre aquest llibre
 | 1896 - 866 pàgines
...NEGLIGENCE — CONTRIBUTORY NEGLIGENCE. —Contributory negligence is never a question of law unless the facts are such that all reasonable men must draw the same inference therefrom. ( Eichhorn v. Missouri. K. & T. Ry. Co., [Mo.] 32 3. W. Rep. 993.) RAILROAD COMPANIES... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - 588 pàgines
...state of 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,...negligence is ever considered as one of law for the court. Although the defendant's negligence may have been the primary cause of the injury complained... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 pàgines
...state of 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,...negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant was one of fact for the jury... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 pàgines
...personal injuries, alleged to have been caused through negligence, the facts shown by the evidence are such that all reasonable men must draw the same conclusion from them, the question of negligence becomes one of law for the court. . A person, in crossing a street having... | |
 | 1894 - 2096 pàgines
...state of 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,...negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley, 3 CCA 589, 53 Fed. Rep. 462. It is... | |
 | 1893 - 2192 pàgines
...Justice Lamar, says: "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,...that the question of negligence is ever considered one of law, for the court." In the case of Kailroad Co. v. Stout, 17 Wall. 657, 663, 664, we think... | |
 | 1928 - 1130 pàgines
...guilty of contributory negligence was clearly a question for the jury. As said by Mr. Justice Lámar, it is only where the facts are such that all reasonable...draw the same conclusion from them that the question becomes one for the court. Here the defendant was clearly guilty of gross negligence which resulted... | |
 | 1894 - 2074 pàgines
...the court said : "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,...determination of the matter is for the Jury. It is only whore the facts are such that all reasonable men must draw the same conclusion from them that the question... | |
 | 1896 - 2118 pàgines
...attention to the special circumstances and surroundings was a request for proper instructions. Indeed, when the facts are such that all reasonable men must draw the same conclusion from them, the question of negligence is one of law for the court. Railway Co. v. Ivés, supra. Such generalizations... | |
 | 1905 - 1104 pàgines
...state of affairs. When u 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 la for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion... | |
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