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" 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... "
United States Supreme Court Reports - Страница 278
написао/ла United States. Supreme Court - 1901
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The Albany Law Journal: A Monthly Record of the Law and the ..., Томови 53-54

1896 - 866 страница
...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...
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Reports of Cases Determined in the Supreme Court of the Territory of Utah, Том 9

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 страница
...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 not,...negligence is ever considered as one of law for the court. Although the defendant's negligence may have been the primary cause of the injury complained...
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Reports of Cases Determined in the Supreme Court of the Territory of ..., Том 27

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 страница
...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 not,...negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant was one of fact for the jury...
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Reports of Cases Determined in the Supreme Court of the Territory of ..., Том 17

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 страница
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Томови 57-58

1894 - 2096 страница
...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 not,...negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley, 3 CCA 589, 53 Fed. Rep. 462. It is...
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The Federal Reporter: Cases Argued and Determined in the ..., Томови 53-54

1893 - 2192 страница
...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 not,...that the 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...
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The Federal Reporter

1928 - 1130 страница
...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Томови 61-62

1894 - 2074 страница
...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 not,...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...
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The Federal Reporter: Cases Argued and Determined in the ..., Томови 71-72

1896 - 2118 страница
...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...
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The Federal Reporter, Том 138

1905 - 1104 страница
...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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