...testimony, it was not a question of law to be determined by the judge in a directed verdict, but was a question of fact to be submitted to the jury under proper instructions. The other assignments of error do not call for discussion. Judgment is affirmed. BLAIR, CJ, and GRANT,...

...of Heaton v. Edwards, 90 Mich. 500. It follows that whether plaintiff was entitled to commission was a question of fact to be submitted to the jury under proper instructions. 2. Is defendant, or is the partnership responsible for this commission ? There is no suggestion in...

...the state of the structure and its progress towards completion be such as to constitute a building is a question of fact, to be submitted to the jury under proper instructions of the court." 2 § 177. Warehouse. This word, in its popular acceptation, signifies an apartment or...

...ordering the crane in question not to be used during the time he was repairing the cable. This was a question of fact to be submitted to the jury under proper instructions. 11linois Steel Co. v. Olstc, 214 111. 181; Riedel v. Chicago, Rock Island and Pacific Railway Co. 239...

...state of the structure, and its progress towards completion, be such as to constitute it a building, is a question of fact, to be submitted to the jury, under proper instructions from the court. After a general verdict of guilty, and no exceptions taken for misdirection by the...

...at the time, the servant of, and was then acting for the defendant company sought to be charged, is a question of fact to be submitted to the jury under proper instructions from the court. 2. The test of a master's liability is not whether a given act was done during the...

...made, the question of whether the city had or had not notice of its existence and character was also a question of fact to be submitted to the jury under proper instructions. (Jones v. Ogden City, 32 Utah, 221, 89 Pac. 1006.) In view of what has been said, the remaining assignment...

...witness. The condition of health of an insured at a particular time is usually, and almost necessarily, a question of fact to be submitted to the jury under proper instructions." In that case the position of Dr. Golden is precisely like the position of Dr. Click in the present...

...is running too fast, under the circumstances, to admit of the exercise of the right of ejection, is a question of fact, to be submitted to the jury under proper instructions. 2. In a suit brought by a trespasser to recover damages for personal injuries sustained by being pulled...

...accident. Viewing this evidence In the light most favorable to the appellant's contention, this was a question of fact to be submitted to the jury under proper Instructions. The instructions that were given to the Jury by the trial court submitted the appellant's theory that...