| 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 - 1884 - 550 Seiten
...negligence. It is this class of cases, and those akin to it, that the law commits to the decision of a jury. Twelve men of the average of the community, comprising...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... | |
| 1893 - 2192 Seiten
...this class of cases. and those akin to it, that the law commits to the decision of a jury. Twelve wen of the average of the community, comprising men of...the merchant, the mechanic, the farmer, the laborer, — thtse sit together, consult, apply their separate experience of the affairs of life to the facts... | |
| Tennessee Bar Association - 1889 - 1162 Seiten
...fact for the iiiry. In all such cases, to use the language of the highest ::ourt of this country — / "Twelve men of the average of the community, comprising men of education and men of little education— the merchant, ttie mechanic, the farmer, the laborer — these sit together, consult, apply their separate... | |
| 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 - 1881 - 682 Seiten
...negligence. It is this class of cases and those akin to it that the law commits to the decision of a jury. Twelve men of the average of the community, comprising men of education The Ohio and Mississippi Railway Company r. Collarn. and wefi of little education, men of learning... | |
| John Bouvier - 1883 - 876 Seiten
...used. It is this class of cases and those akin to it that the law commits to the decision of a jury. Twelve men of the average of the community, comprising men of education and of little education, men of leaminw and men whose learning consists in what they have themselves seen... | |
| 1884 - 990 Seiten
...negligence. It is this class of cases, and those akin to it, that the law commits to the decisions of a jury. Twelve men of the average of the community, comprising...themselves seen and heard ; the merchant, the mechanic, the fanner, the laborer, — these sit together, consult, apply their separate experience of the affairs... | |
| 1898 - 1174 Seiten
...this class of cases, and those akin to It, that the law commits to the decision of a jury. Twelve1 men of the average of the community, comprising men...and men whose learning consists only in what they havp themselves seen and heard, the merchant, the mechanic, the farmer, the laborer,— these sit together,... | |
| 1891 - 1148 Seiten
...negligence. It is this class of cases, and those akin to it, that thelaw commits to the decision of a jury. Twelve men of the average of the community, comprising...these sit together, consult, apply their separate experiences of the affairs of life to the facts proven, and drawaunanimousconclusion. This average... | |
| 1886 - 948 Seiten
...It is this class of cases, and those akin to it, that the law commits to the decision of the jury. Twelve men, of the average of the community, comprising men of education, and men of little education, and men of learning, and men whose learning consists only in what they have themselves seen and heard,... | |
| 1892 - 1274 Seiten
...Railroad Co. v. Stout, 17 Wall. 659, "of the average of the community, comprising men of education, of little education, men of learning, and men whose...together, consult, apply their separate experience of the affaira of life to the facts proven, and draw a unaiiimoiiH conclusion. This average judgment, thus... | |
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