 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - 772 halaman
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under a similar state of affairs." Railway Co. v. loes, 144 US 417. The mere fact that deceased thought that the gates were not lowered... | |
 | 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 halaman
...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.—... | |
 | 1905 - 1104 halaman
...case was such as would be expected of reasonably prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may...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... | |
 | 1907 - 2094 halaman
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under...a given state of facts is such that reasonable men majfairly differ as to whether there was negligence or not, the determination of the mutter is for... | |
 | 1899 - 2058 halaman
...the duty of the court to submit it to the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon...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,... | |
 | 1899 - 986 halaman
...to human life, and Impose great risks upon those who might have occasion to travel on the railroad." When a given state of facts Is such that reasonable...negligence or not, the determination of the matter la for the Jury. Railway Co. т. Ivés, 144 U. S. 408, 417, 12 Sup. Ct. 679; Railway Co. v. Griffith,... | |
 | 1921 - 1150 halaman
...evidence which ia most favorable to the demurrant. 2. Negligence <§=>I36(9)— Question for Jury. When a given state of facts is such that reasonable...not, the determination of the matter is for the jury. 3. Master and servant <g=>286(3 1)— Negligence in running over conductor held for Jury. From an examination... | |
 | 1909 - 1164 halaman
...then say whether the conduct of the parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs. When...given state of facts is such that reasonable men may fairy differ upon the question as to whether there was negligence or not, the determination of the... | |
 | 1911 - 1168 halaman
...from them that the drawing of the conclusion is ever considered as one of law for the court ; and, when a given state of facts is such that reasonable men may fairly differ in the conclusion to be drawn therefrom, the determination of the matter is for the Jury, and even... | |
 | 1900 - 1146 halaman
...reasonable and prudent and what shall constitute ordinary care -under any and all circumstances. * * * When a given state of facts is such that reasonable...negligence or not, the determination of the matter la for the jury. It is only when the facts are such that reasonable men must draw the same conclusion... | |
| |
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. 
