Reports of Cases Determined in the Courts of Appeal of the State of CaliforniaBancroft-Whitney, 1966 - Law reports, digests, etc |
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Page 292
... fact ( Civ . Code , ยง 1574 ) and like any other fact may be proved by circumstan- tial evidence . ( Palmquist v . Mercer ( 1954 ) 43 Cal.2d 92 , 100 [ 272 P.2d 26 ] . ) [ 19 ] Thus , as this court has said on previous occasions , an ...
... fact ( Civ . Code , ยง 1574 ) and like any other fact may be proved by circumstan- tial evidence . ( Palmquist v . Mercer ( 1954 ) 43 Cal.2d 92 , 100 [ 272 P.2d 26 ] . ) [ 19 ] Thus , as this court has said on previous occasions , an ...
Page 701
... Fact . - As to whether a question of law or fact is involved in a negligence case , if men of reasonable intelligence may differ as to the con- clusion to be drawn , the issue must be left to the trier of fact , otherwise it is for the ...
... Fact . - As to whether a question of law or fact is involved in a negligence case , if men of reasonable intelligence may differ as to the con- clusion to be drawn , the issue must be left to the trier of fact , otherwise it is for the ...
Page 706
... fact essential to negligence , it becomes the duty of the court to remove the issue from the jury . . . . " ( Idem , pp . 191-192 . ) The existence of negligence in a particular case is sometimes said to be a mixed question of law and fact ...
... fact essential to negligence , it becomes the duty of the court to remove the issue from the jury . . . . " ( Idem , pp . 191-192 . ) The existence of negligence in a particular case is sometimes said to be a mixed question of law and fact ...
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55 Cal.Rptr affirmed agreement alleged Am.Jur amended appellant's application assault attorney automobile Cal.App California Capron cause of action City Civil Procedure claim Code Civ Code of Civil Code section collateral estoppel complaint constitutional constructive trust contract contractor conviction corporation counsel County cross-complaint damages decedent default Defendant and Appellant Defendant and Respondent defendant's deficiency judgment demurrer denied determination dismissal Dist district duty employee evidence extrinsic fraud fact filed finding fraud granted Industrial Acc injury Investcal issue judgment jury liability loan ment mental motion negligence offense officer Parcel party Penal Code person petition petitioner Plaintiff and Appellant Plaintiff and Respondent pleading prior prison probation Proc proceedings question real property reasonable record rule S.Ct Sacramento County service of process statute statute of limitations statutory subdivision Superior Court supra sustained testified testimony tion trial court trial judge vehicle