... 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, these sit together, consult, apply their separate experience... Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 225by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, George L. Nye, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884Full view - About this book
| Francis Wharton - Negligence - 1874 - 960 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment...admitted facts thus occurring than can a single judge. " In no class of cases can this practical experience be more wisely applied than in that we are considering... | |
| United States. Supreme Court - Law reports, digests, etc - 1874 - 738 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment...admitted facts thus occurring than can a single judge. In no class of cases can this practical experience be more wisely applied than in that we are considering.... | |
| Civil procedure - 1874 - 626 pages
...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,...admitted facts thus occurring than can a single judge." My conclusion is that plaintiff was entitled to have the case submitted to the jury, and that a new... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1879 - 592 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment...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 - 1893 - 2192 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment...admitted facts thus occurring than can a single judge. In no class of cases can this practical experience be more wisely applied than hi that we are considering.... | |
| Law reports, digests, etc - 1919 - 2038 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment,...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... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1881 - 682 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment...admitted facts thus occurring than can a single judge. In no class of cases can this practical experience be more •wisely applied than in that we are considering.... | |
| Tennessee Bar Association - Bar associations - 1889 - 1162 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment,...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
...sit together, consult, apply their separate experiences of the affairs of life to the facts proven, and draw a unanimous 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 - 1898 - 1174 pages
...sit together, consult, apply their separate experience of the affairs of life to the facts proven, and draw a unanimous conclusion. This average judgment,...admitted facts thus occurring than can a single Judge." In this case, taking into consideration the age of appellee and all the attendant circumstances connected... | |
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