 | 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... | |
 | 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
...instructions from the court, and whenever a given state of facts is such that reasonable men would fairly differ upon the question as to whether there was negligence or not, the question of negligence should be submitted to the jury. RAILROADS.— ACCIDENT AT CROSSING. — INSTRUCTIONS.—... | |
 | 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... | |
 | 1894 - 2096 страница
...prudent men, under a similar state of affairs. When a given state of facts is such that reasonable men may fairly differ upon the question as to whether...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 next claimed... | |
 | 1893 - 2192 страница
...court, speaking by Mr. Justice Lamar, says: "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether...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... | |
 | 1894 - 2074 страница
...US 417, 12 Sup. Ct. 679, the court said : "When a given state of facts is such that reasonable men may fairly differ upon the question as to whether...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... | |
 | 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... | |
 | 1905 - 1104 страница
...prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may fairly differ upon the question as to whether...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... | |
 | 1899 - 2058 страница
...submit it to the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon the question as to whether...there was negligence or not. the determination of the maiter is for the jury; but where the evidence is such that all reasonable men must draw the same,... | |
 | 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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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... 
