...circumstances, all would enter into the question of the probability of injury. The question was therefore one of fact for the jury, and not of law for the court." * 1 Guille c. Swan, 19 Johns. 881. The case of Toms e. Wliatby, 35 U. CQB 195, is a valuable case on...

...the service in which the injured servant was engaged brought him within the statute has been held a question of fact for the jury, and not of law for the court.8 Contributory negligence of the injured employee is a bar to his action, as at common law.8...

...of the law." Error because, (1) whether certain facts or conditions would constitute a lottery is a question of fact for the jury, and not of law for the court; (2) the court expressed an opinion as to the evidence; (3) the charge was not warranted by the evidence;...

...defamatorv character. United States v. Davis, 38 Fed. Rep. 326. The obnoxious character of the writing is a question of fact for the jury, and not of law for the court. United States v. Davis, 38 Fed. Rep 326. The question whether or not a particular publication is obscene,...

...of what were mal* liquors intended by .and embraced in the statute and prohibited from sale was One of fact for the jury and not of law for the court. 1. State v . Hutchinsbn, 72 Iowa 561 ; State v. Roach, 75 Me. 123; State v. McNamara, 69 Me. 133; Com....

...diligence in such cases will, of course, depend very much upon the circumstances of each case, and is a question of fact for the jury, and not of law for the court. What would be sufficient in one place might be entirely insufficient in another, and the extent and...

...below in holding that the question of contributory negligence, under all the circumstances, was one of fact for the jury and not of law for the court The deceased did not enter upon the crossing until the flagman had not only given a signal of safety...

...differ as to theproper conclusion to be reached. In such a case, the question to be decided is one of fact for the jury, and not of law for the court. And when the matter has been passed upon by the jury, and the judge of the trial court is satisfied...

...market, it may be shown by the cost of production; but whether the goods have a market value is always a question of fact for the jury, and not of law for the court. Appeal from circuit court, New York county. Action by Albert U. Todd and another against James Gamble...

...rule has as yet been laid down, or indeed can he laid down, to govern all cases. The question is a question of fact for the jury, and not of law for the abstract decision of the court." Such also was the view taken of this question by Marsha II, CJ, in...