 | William Blake Odgers, Walter Blake Odgers - 1920 - 762 halaman
...been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred." 2 The burden of proving negligence lies on the plaintiff, unless the facts speak for themselves. If... | |
 | Sir Hugh Fraser - 1921 - 362 halaman
...satisfaction of the jury, negligence may be reasonably inferred from those facts; the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred (r). What must plaintiff prove before the judge can allow the evidence to go to the jury? (1) Where... | |
 | Sir John William Salmond - 1924 - 736 halaman
...inferred ; the jurors have to say whether from these facts, when submitted to them, negligence oiujht to be inferred. It is, in my opinion, of the greatest...maintained, and should be maintained distinct ... It would . . . place in the hands of the jurors a power which might be exercised in the most arbitrary manner,... | |
 | 1899 - 1052 halaman
...evidence from which negligence can be reasonably and legitimately Inferred; and it is for the jury to say whether, from those facts, when submitted to them, negligence ought to be inferred." Randall v. Railroad Co., 109 US 478, 3 Sup. Ct. 322. In each of the cases just cited the trial judge... | |
 | James Patterson McBaine - 1927 - 1074 halaman
...evidence, from which negligence can be reasonably and legitimately inferred ; and it is for the jury to say whether from those facts when submitted to them, negligence ought to be inferred. Metropolitan Railway Co. v. Jackson (1894) 3 App. Cas. 193. Tried by this test, there was no sufficient... | |
 | Sir William Searle Holdsworth - 1928 - 220 halaman
...prerogative as judge of the fact; and to prevent both from being infringed. "It is," said Lord Cairns,86 "of the greatest importance in the administration of justice that these separate functions [of judge and jury] should be maintained, and should be maintained distinct. It would be a serious... | |
 | Lewis Richard Lipsett, Thomas John Day Atkinson - 1928 - 980 halaman
...been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred " — Met. Sly. Co. v. Jackson (supra), per Lord Cairns, LC, at p. 197, following Ryder v. Wombwell... | |
 | New Brunswick. Supreme Court - 1882 - 672 halaman
...been established by evidence from which negligence may be reasonably inferred. The jury has to say whether from those facts, when submitted to them, negligence ought to be inferred. It is my opinion of the greatest importance in the administration of justice that those separate functions... | |
 | 1928 - 750 halaman
...been established by evidence from which negligence may be reasonably interred. The Jurors have to say from those facts, when submitted to them, negligence...inferred. It is, in my opinion, of the greatest importance that the separate functions should be maintained, and maintained distinct. Dealing with the motion... | |
 | 1878 - 842 halaman
...been established by evidence from which negligence may be reasonably inferred ; the jury has to say whether from those facts, when submitted to them,...greatest importance in the administration of justice that those separate functions should be maintained distinct. It would be a serious inroad on the province... | |
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The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred : the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. 
