...have been sustained ; or declaring, as in Holman v. RR, 62 Mo. 562, that, "under the case made, it was the duty of the court to declare as a matter of law that the plaintiff was not entitled to recover." So skillful are many of our trial courts in shirking the very...

...defendants had, without more, simply refused to accept the goods, they might argue with much force that it was the duty of the Court to declare as a matter of law that time was of the essence of the contract, and might complain that the submission to the jury of the...

...inadmissible is sustainable only on the theory that the evidence on the trial was such that it became the duty of the court to declare as a matter of law that the conspiracy had been abandoned before the declarations were made. We think it very clear that it would...

...death of the animal, and the failure of the defendant to ring the bell or sound the whistle, it is the duty of the court to declare, as a matter of law, that the plaintiff cannot recover. Holman v. Chicago, Rock Island and Pacific RR Co., 62 Mo., 562, 1876; Moore...

...alleged to constitute the negligence were established by undisputed evidence. In such a case it becomes the duty of the court to declare, as a matter of law, whether the facts thus proved do constitute negligence. 1 Shear. & R. Neg. §§ 52, 5;{, 56; Dascomb...

...of the animal and the failure of the company's servants to ring the bell or sound the whistle, it is the duty of the court to declare as a matter of law that the plaintiff cannot recover,2 In an action for injury from not maintaining a suitable fence, where there...

...warning, arose from his seat and stood In the car an unreasonable length of time, then It would be the duty of the court to declare, as a matter of law, that the passenger was guilty of contributory negligence. See St. L., IM & S. Ry. Co. v. Harmon, 85 Ark. 503,...

...was such a contract, and that plaintiff performed it, how could plaintiff be injured by the failure of the court to declare, as a matter of law, that the contract existed, and had been performed? Plaintiff obtained the same result at the hands of the Jury...

...must be construed together, and when this is done, if its terms are clear and unequivocal, then It is the duty of the court to declare as a matter of law what the contract means and give It its proper construction; but, if it is not clear, then oral testimony...

...only and necessary inference from the facts? If no other possible inference can be drawn from them, it was the duty of the court to declare, as a matter of law, that the deceased was guilty of negligence. But if any other inference could be drawn from them, depending on...