 | Asa Kinne - 1853 - 538 Seiten
...P., 14 Sac. Mr., Trial D. And that the question of probable cause is not wholly matter of law, but is a mixed question of law and fact, to be submitted to the jury under directions from the court. — 2 Stark. Ev., (Metcalf's ed.), 912, notes a and 1. Dwight and Bishop,... | |
 | Theron Metcalf, Jonathan Cogswell Perkins - 1860 - 746 Seiten
...from a lapse of time less than seven years, and from circumstances indicating intention to abandon, it is a mixed question of law and fact, to be submitted to the jury. Brentlinger v. Hutchinson, 1 Watts, 40. See also Jilchison v. JfCulloch, 5 Watts, 13. 25. Where an... | |
 | Massachusetts. Supreme Judicial Court - 1863 - 658 Seiten
...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 court in... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1154 Seiten
...; Bac. Abr. Trial, D , and that the question of probable cause is not wholly matter of law, but is a mixed question of law and fact, to be submitted to the jury under directions from the court , 2 Stark. Ev, (Metcalf 's ed.) 912, notes a and 1. Dwight and Bishop, for... | |
 | 1864 - 824 Seiten
...own land or privilege. What, in any particular case, is a reasonable use or management, is ordinarily a mixed question of law and fact, to be submitted to the jury uuder the instruction of the court. Case. The declaration is set forth at length in 28 N. II. 438.... | |
 | Ohio. Supreme Court - 1884 - 806 Seiten
...whether negligence can be imputed to a defendant or contributory negligence to a plaintiff, is generally a mixed question of law and fact, to be submitted to the jury under proper instructions from the court. In a proper case, the court may take from the jury the evidence given by the plaintiff and render... | |
 | Ohio. Supreme Court - 1903 - 708 Seiten
...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 existence... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 Seiten
...instruction. The general rule to be found in the books is, that the reasonableness of such regulations is a mixed question of law and fact, to be submitted to the jury under proper directions. 1 Redfield on Railways, 88. And at least one court, pointing the distinction between by-laws... | |
 | John Waller Head - 1879 - 426 Seiten
...WAIVER. The question, whether or not a conversion of property is waived, is a question of intention. It is a mixed question of law and fact, to be submitted CONVERSION — Continned. to the jury under proper instructions from the court. It must, in all cases,... | |
 | 1917 - 1038 Seiten
...as to whether one has been negligent in failing to stop, look, and listen "is generally presented as a mixed question of law and fact to be submitted to the jury. * * * " In support of this contention the case of City of Elkins v. Western Maryland R. Co. (W. Va.)... | |
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Generally the reasonableness of the notice will be a mixed question of law and fact, to be submitted to the jury under proper instructions... 
