 | Vermont. Supreme Court - 1844 - 820 páginas
...injured conducted with due care and skill, — are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character, as to justify the court in directing... | |
 | Georgia. Supreme Court - 1888 - 946 páginas
...offered, and the bidder has failed to comply with his bid, be unreasonable, is a mixed question of law and fact, to be determined by the jury under proper instructions from the court, and it is error for the court to determine this question himself. The questions in this case... | |
 | Amasa Junius Parker - 1868 - 738 páginas
...to pass upon except the credibility of the witnesses. The question of intent is always a question of fact to be determined by the jury, under proper instructions from the court. All the circumstances tend to disprove the felonious intent. The defendant procured a constable... | |
 | 1886 - 546 páginas
...whether or not tbe defendant in a given case is chargeable with negligence is ordinarily a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence. And the same is true in regard to contributory negligence... | |
 | Ohio. Supreme Court - 1903 - 708 páginas
...in order that his claim of the statutory bar, if correct, might be established. It was a question of fact to be determined by the jury under proper instructions from the court. The ground stated for the objection pointed to the weight and effect of the evidence rather than to its... | |
 | Daniel Roberts - 1878 - 906 páginas
...party injured conducted with due care and skill, are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character as to justify the court in directing... | |
 | John Waller Head - 1879 - 426 páginas
...observed, that the question, what amounts to a waiver, is, in all cases, a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. But, though the technical conversion be waived, impliedly, still, the same result in favor of... | |
 | Melville Madison Bigelow - 1880 - 748 páginas
...found, it becomes exclusively a question for the court ; if not, it is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. Indorsement after maturity has been said to be equivalent to drawing a new bill payable at sight,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 834 páginas
...articles fall within the meaning of a passenger's personal baggage or not, is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. It is correctly remarked in the " notes" to Thompson's Carriers of Passengers, p. 510, sec.... | |
 | 1885 - 1102 páginas
...whether or not the defendant in a given case is chargeable with negligence, is ordinarily a question of fact to be determined by the jury under proper instructions from the court as to what constitutes negligence. And the same istrue with regard to contributory negligence... | |
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... a question of fact to be determined by the jury, under proper instructions from the court as to what constitutes negligence. 
