 When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw...  The Oklahoma Law Journal - Seite 251915Vollansicht - Über dieses Buch
 | 1896 - 866 Seiten
...NEGLIGENCE — CONTRIBUTORY NEGLIGENCE. —Contributory negligence is never a question of law unless the facts are such that all reasonable men must draw the same inference therefrom. ( Eichhorn v. Missouri. K. & T. Ry. Co., [Mo.] 32 3. W. Rep. 993.) RAILROAD COMPANIES... | |
 | 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 - 1904 - 636 Seiten
...similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or...that the question of negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant was one... | |
 | 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 - 1894 - 588 Seiten
...similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or...that the question of negligence is ever considered as one of law for the court." We think the question involved was fairly covered by the charge of the... | |
 | 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 - 1899 - 612 Seiten
...personal injuries, alleged to have been caused through negligence, the facts shown by the evidence are such that all reasonable men must draw the same conclusion from them, the question of negligence becomes one of law for the court. . A person, in crossing a street having... | |
 | 1893 - 2192 Seiten
...Justice Lamar, says: "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or...question of negligence is ever considered one of law, for the court." In the case of Kailroad Co. v. Stout, 17 Wall. 657, 663, 664, we think the evidence... | |
 | 1894 - 2096 Seiten
...similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or...that the question of negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley, 3 CCA 589, 53... | |
 | 1928 - 1130 Seiten
...guilty of contributory negligence was clearly a question for the jury. As said by Mr. Justice Lámar, it is only where the facts are such that all reasonable...draw the same conclusion from them that the question becomes one for the court. Here the defendant was clearly guilty of gross negligence which resulted... | |
 | 1894 - 2074 Seiten
...679, the court said : "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or...determination of the matter is for the Jury. It is only whore the facts are such that all reasonable men must draw the same conclusion from them that the question... | |
 | 1896 - 2118 Seiten
...attention to the special circumstances and surroundings was a request for proper instructions. Indeed, when the facts are such that all reasonable men must draw the same conclusion from them, the question of negligence is one of law for the court. Railway Co. v. Ivés, supra. Such generalizations... | |
 | 1905 - 1104 Seiten
...similar state of affairs. When u given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter la for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion... | |
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