 Twelve men of the average of the community, comprising men of education and men of little education, men of learning and men whose learning consists only in what they have themselves seen and heard, the merchant, the mechanic, the farmer, the laborer;...  A Treatise on the Law of Carriers of Passengers - Page 26by Norman Fetter - 1897 - 1693 pagesFull view - About this book
 | Civil procedure - 1874 - 626 pages
...themselves seen and heard, the merchant, the mechanic, the farmer, the laborer, these sit together, consult, apply their separate experience of the affairs of life, to the facts proven, and draw an unanimous conclusion. This average judgment thus given, it is the great effort of the law to obtain.... | |
 | 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 - 1884 - 550 pages
...themselves seen and heard, the merchant the mechanic, the farmer, the laborer — these sit together, consult, apply their separate experience of the affairs of life to the facts proved, and draw a unanimous conclusion. This average judgment thus given it is the great effort of... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1879 - 592 pages
...themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs...know more of the common affairs of life than does one VOL. XIII.— 9. Opinion of the Court — Ha-wley, CJ man; that they can draw wiser and safer conclusions... | |
 | Law reports, digests, etc - 1891 - 980 pages
...themselves seen and heard, the merchant, the mechanic, the farmer, the laborer; these sit together, consult, apply their separate experience of the affairs...admitted facts thus occurring than can a single judge." 17 Wall. 663, 664. Twelve men have passed upon the issue of negligence in this case, and found in favor... | |
 | Law reports, digests, etc - 1919 - 2038 pages
...themselves seen and heard, the merchant, the mechanic, the farmer, the laborer — these sit together, consult, apply their separate experience of the affairs...twelve men know more of the common affairs of life thap does one man; that they can draw wiser and safer conclusions from admitted facts thus occurring... | |
 | Tennessee Bar Association - Bar associations - 1889 - 1162 pages
...of little education— the merchant, ttie mechanic, the farmer, the laborer — these sit together, consult, apply their separate experience of the affairs...given, it is the great effort of the law to obtain." This is the rule even in the Federal courts. The legislation recommended, it seems to me, would extend... | |
 | John Bouvier - Law - 1883 - 876 pages
...the mechanic, the fnrmer, the laborer ; these sit together, consult, apply their separate experiences of the affairs of life to the facts proven, and draw...conclusion. This average judgment thus given, it is the final effort of the law to obtain. Per Hunt, J., in 1 7 Wall. 663. Although the facts arc undisputed,... | |
 | Law reports, digests, etc - 1902 - 1166 pages
...themselves seen and heard, the merchant, the mechanic, the farmer, the laborer, these sit together, consult, apply their separate experience of the affairs...facts thus occurring than can a single judge,"— citing many cases to sustain the doctrine that, when the facts are disputed, or when they are not disputed,... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...themselves seen and heard — the merchant, the mechanic, the farmer, the laborer — these sit together, consult, apply their separate experience of the affairs...draw a unanimous conclusion. This average judgment there given, it is the great effort of the law to obtain. It is assumed that twelve men know more of... | |
 | Law reports, digests, etc - 1884 - 948 pages
...themselves seen and heard ; the merchant, the mechanic, the farmer, the laborer, — these sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw an unanimous conclusion. This average judgment thus given, it is the great effort of the law to obtain.... | |
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