 The case, however, must be a very clear one which would justify the court in taking upon itself this responsibility. For when the judge decides that a want of due care is not shown, he necessarily fixes in his own mind the standard of ordinary prudence,...  Michigan Reports: Cases Decided in the Supreme Court of Michigan - Page 120by Michigan. Supreme Court, Randolph Manning, George C. Gibbs, William Jennison, Thomas McIntyre Cooley, Elijah W. Meddaugh, John Adams Brooks, Hovey K. Clarke, Hoyt Post, James M. Reasoner, Henry Allen Chaney, Richard W. Cooper, William Dudley Fuller, Marquis B. Eaton, Herschel Bouton Lazell - 1869Full view - About this book
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 672 pages
...wherein he says : — " When the judge decides that a want of due care Farrell c. Waterbury Horse RR Co. is not shown, he necessarily fixes in his own mind the standard of ordinary prudence, and measures the plaintiff's conduct by that. He thus makes his own opinion of what the prudent man would... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...may rightfully instruct the jury, as matter of law, that the action cannot be maintained, he says : "The case, however, must be a very clear one, which...court in taking upon itself this responsibility." "But while there is any uncertainty, it remains a matter of fact for the consideration of the jury."... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1880 - 1036 pages
...justify the court in taking upon itself the responsibility of determining the question as one of law; for when the judge decides that a want of due care...is not shown, he necessarily fixes in his own mind the.standard of ordinary prudence, and, measuring the plaintiff's conduct by that, turns him out of... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...GOO. In the case of Railroad Co. v. Van Steinburg. 17 Mich. 120, it was said by Chief Justice Cooley : "The case, however, must be a very clear one which...of ordinary prudence, and measuring the plaintiff's conduct by that, turns him out of court upon his opinion of what a reasonably prudent man ought to... | |
 | Law reports, digests, etc - 1913 - 1372 pages
...Co. v. Van Steinburg, 17 Mich. 120 — opinion by Chief Justice Cooley — is quoted with approval: "For when the judge decides that a want of due care...ordinary prudence, and, measuring the plaintiff's conduct by that, turns him out of court upon his opinion of what a reasonably prudent man ought to... | |
 | Law reports, digests, etc - 1917 - 1232 pages
...are men, and men are different. As has been said in one case, it most be a very clear case, indeed, which would justify the court in taking upon itself...when the judge decides that a want of due care is or is not shown, he necessarily fixes in his own mind the standard of ordinary prudence, and, measuring... | |
 | Law reports, digests, etc - 1902 - 1166 pages
...Cooley's opinion in Railroad Co. v. Van Steinburg, 17 Mich. 99, where that eminent jurist said: "The ease, however, must be a very clear one which would justify...upon itself this responsibility; for, when the judge decided that a want of due care is not shown, he necessarily fixed in his own mind the standard of... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1885 - 940 pages
...judges are men and are different. As has been said in one case, it musl be a very clear case, indeed, which would justify the court in taking upon itself...when the judge decides that a want of due care is or is not shown, he necessarily fixes in his own mind the standard of ordinary prudence, and measuring... | |
 | Law reports, digests, etc - 1905 - 1156 pages
...may rightfully instruct the jury, as a matter of law, that the action cannot be maintained. » * * The case, however, must be a very clear one which...necessarily fixes in his own mind the standard of ordinary pru(louce, and, measuring the plaintiff's conduct by that, turns him out of court upon his opinion... | |
 | Law reports, digests, etc - 1892 - 1274 pages
...Steinburg, 17 Mich. 99, clearly expresses our views on this important subject In the following language: "The case, however, must be a very clear one, which...would Justify the court In taking upon itself this responHihility. For, when the judge decides that a wantof duecare Ы not shown, he necessarily fixes,... | |
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