...; McCurrie v. Railroad Co., 122 Cal. 558.) Where there is uncertainty as to the existence of either negligence or contributory negligence, the question...arises from a conflict in the testimony or because of the facts being undisputed, fair-minded men will honestly draw different conclusions from them....

...Justice McCARTY, that: "It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...arises from a conflict in the testimony, or, because of the facts being undisputed, fair-minded men will honestly draw different conclusions from them."...

...negligence, said: "it is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...because, the facts being undisputed, fair-minded men will draw different conclusions from them." The testimony admitted by the trial court over the objections...

...44, 13 Sup. Ct 748, the supremo court said that where there was uncertainty as to the existence of contributory negligence the question is not one of law, but of fact, to be settled by a jury; and this whether the uncertainty arises from a conflict in the testimony,...

...ordinarily for the jury. "It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, the question...will honestly draw different conclusions from them." Richmond, etc., Co. v. Powers, 149 US 43, 45, 13 Sup. Ct. 748, 37 L. Ed. 042. See, also, Washington,...

...instruction unduly favorable to plaintiff. 3. Where there is an uncertainty as to the existence of. either negligence or contributory negligence, the question...not one of law, but of fact, and to be settled by the jury; and this, whether the uncertainty arises from a conflict in the testimony, or because, the...

...admitted, or conflicting testimony, may honestly draw different conclusions as to the negligence charged, the question is not one of law but of fact, and to be settled by the jury under proper instructions. Railroad Company v. Powers, 149 If. S. 43; Railroad Company v....

...United States, said: "It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...will honestly draw different conclusions from them. (Citing authorities.)" Richmond & D. Rd. Co. v. Powers, 149 US 43. The authorities sustaining this...

...prevent a. recovery. It is well settled that where there is uncertainty as. to the existence of either negligence or contributory negligence, the question...settled by a jury ; and this, whether the uncertainty arisesfrom a conflict in the testimony, or because the facts being undisputed, fairminded men will...

...a common carrier to recover damages for injuries there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, to be settled by a jury ; and this whether the uncertainty arises from a conflict in the testimony,...