 ... jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.  The Southeastern Reporter - Page 4001898Full view - About this book
 | 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
...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...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
...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...negligence is ever considered as one of law for the court." We think the question involved was fairly covered by the charge of the court, and thus properly left... | |
 | 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
...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...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 - 1907 - 2094 pages
...whether there was negligence or not, the determination of the mutter is for the jury. It is only whore the facts are such that all reasonable men must draw...negligence is ever considered as one of law for the court." We deem it unnecessary to cite other authorities. There are reported cases almost without number which... | |
 | Law reports, digests, etc - 1893 - 2192 pages
...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...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 - 1928 - 1130 pages
...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... | |
 | Law reports, digests, etc - 1905 - 1104 pages
...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 from thorn that the question of negligence Is ever considered as one of law for the court." These questions... | |
 | Law reports, digests, etc - 1896 - 2118 pages
...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... | |
| |
