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" The question was one of fact, and should have been submitted to the jury. It is not material that the workman's blood vessels were weakened by disease, or that he was predisposed to hemorrhage because, for example, he had breathed the dust' of the sacking... "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Seite 114
von Charles Patrick Daly - 1892
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Band 189

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 - 1917 - 806 Seiten
...matter of law, which intent actuated the employee in firing upon the persons who assaulted him; the question was one of fact and should have been submitted to the jury. Id. 16. Any act done through lack of judgment, discretion, or from infirmity of temper or under the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Band 82

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 - 1891 - 780 Seiten
...with an attorney. If these circumstances, or any others, had the tendency claimed, it was a question of fact, and should have been submitted to the jury. It is also urged in favor of the judgment for defendant that the plaintiffs have the notes, and did not offer...
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Reports of Cases at Law Argued and Determined in the Court of ..., Band 8

South Carolina. Court of Appeals, J. S. G. Richardson - 1855 - 522 Seiten
...meant? He must pay it. The question whether Cobb had wasted the estate after the date of the bond, was one of fact, and should have been submitted to the jury. If he had the money, or securities for its payment, at the date of the bond, then the waste has been...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Band 3

1877 - 682 Seiten
...defendant. Albert Stickney, for applt. Frank Loomis, for respt. Held, error ; the question of negligence was one of fact, and should have been submitted to the jury; that the disappearance of the portmanteau, without any account of the cause thereof, was prima facie...
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The Federal Reporter: Cases Argued and Determined in the ..., Bände 61-62

1894 - 2074 Seiten
...honestly draw the same conclusion from it. If it cannot, then the question of contributory negligence was one of fact, and should have been submitted to the jury, as was done by the trial court. In Dunlap v. Eailroad Co., 130 TJ. S. 652, 9 Sup. Ct. 647, the supreme...
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The Southwestern Reporter, Band 222

1920 - 1206 Seiten
...Civ. App. 74, 48 SW 537. The issue of whether the 200 acres of land was the homestead of plaintiff was one of fact and should have been submitted to the Jury. [3] The second assignment questions the correctness of the trial court's action in quashing plaintiff...
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The Northwestern Reporter, Band 33

1887 - 1046 Seiten
...the defendants. Jle/d, that this was error, and that whether the sale was fraudulent as to creditors was one of fact, and should have been submitted to the jury under proper instructions. 2. SAME. In such a case, the propriety of submitting the question of fraud...
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The New York Supplement, Band 9

1890 - 1098 Seiten
...premises in the year 1888, under a written lease which expired May 1, 1889, at an annual rent of 81,800. The plaintiff seeks to recover rent for the year commencing...the 1st of May were legal holidays, and that on the 2d of May, by reason of the civic procession, they were unable to cross Broadway with their trucks,...
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The New York Supplement, Band 135

1912 - 1298 Seiten
...plaintiff. Whatever our opinion may be as to which version of the transaction is to be believed, the question was one of fact, and should have been submitted to the jury. The judgment should therefore be reversed, and a new trial granted, with costs to appellant to abide...
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The New York Supplement, Band 9

1890 - 1086 Seiten
...which expired May 1, 1889, at an annual rent of $1,800. The plaintiff seeks to recoverVentfor tlie year commencing the 1st of May, 1889, on the ground...premises before the 1st of May, 1889, and that the 80th of April and the 1st of May were legal holidays, and that on the 2d of May, by reason of the civic...
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