 | Law - 1896 - 866 pages
...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 - Law reports, digests, etc - 1904 - 636 pages
...that case was such as would be expected of reasonable, prudent men under a similar state of affairs. When a given state of facts is such that reasonable...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 to determine,... | |
 | 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 - Law reports, digests, etc - 1894 - 588 pages
...instructions from the court, and whenever a given state of facts is such that reasonable men would fairly differ upon the question as to whether there was negligence or not, the question of negligence should be submitted to the jury. RAILROADS.— ACCIDENT AT CROSSING. — INSTRUCTIONS.—... | |
 | 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 - Law reports, digests, etc - 1899 - 612 pages
...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... | |
 | Law reports, digests, etc - 1894 - 2096 pages
...that case was such as -would be expected of reasonable, prudent men, under a similar state of affairs. When a given state of facts is such that reasonable...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 next claimed... | |
 | Law reports, digests, etc - 1893 - 2192 pages
...Co. v. Ives, 144 US 408, 417, 12 Sup. Ct, Rep. 679, the court, speaking by Mr. Justice Lamar, says: "When a given state of facts is such that reasonable...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... | |
 | Law reports, digests, etc - 1894 - 2074 pages
...145 US 606, 12 Sup. Ct. 905. In Railway Co. V. Ives, 144 US 417, 12 Sup. Ct. 679, the court said : "When a given state of facts is such that reasonable...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... | |
 | Law reports, digests, etc - 1905 - 1104 pages
...case was such as would be expected of reasonably prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may...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... | |
 | Law reports, digests, etc - 1899 - 2058 pages
...the duty of the court to submit it to the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon...there was negligence or not. the determination of the maiter is for the jury; but where the evidence is such that all reasonable men must draw the same,... | |
 | Law reports, digests, etc - 1928 - 1130 pages
...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... | |
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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... 
