 | 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 - 824 Seiten
...vision extended over 100 feet south on the east track, and no car was in sight. It cannot be said as a matter of law that he was guilty of contributory negligence in going onto the west track under such circumstances. The car was 50 feet away when he entered on the... | |
 | 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 - 1909 - 790 Seiten
...harm, and that therefore, if he took an observation at this point and drove on, it cannot be said, as a matter of law, that he was guilty of contributory negligence in not continuing to look in that direction the whole distance. It will be noticed that by the plaintiff's... | |
 | 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 - 1908 - 588 Seiten
...had the implied assent of the appellee to make this crossing, •we do not think it can be said as a matter of law that he was guilty of contributory negligence in attempting to make it in the manner appearing from the evidence." The case is somewhat stronger in... | |
 | 1897 - 1158 Seiten
...not shown that deceased actually knew that the trestle was dangerously low. it could not be said, as a matter of law, that he was guilty of contributory negligence in not getting down from the seat In driving up to the trestle. The very fact that he had so often driven... | |
 | 1915 - 1118 Seiten
...part of the plaintiff of the defective character of the footwalk, to justify the court in holding, as a matter of law, that he was guilty of contributory negligence in using it in common with the general public. [2] On the argument of the motion for judgment nov, the... | |
 | 1905 - 1168 Seiten
...appellant had the Implied assent of the appellee to make this crossing, we do not think it can be said, as a matter of law, that he was guilty of contributory negligence in attemptIng to make it in the manner appearing from the evidence. We have repeatedly held that negligence,... | |
 | 1917 - 1170 Seiten
...defense. [6] If the foreman had Just Informed plaintiff that everything was all right, we cannot say as a matter of law that he was guilty of contributory negligence In standing where he might be hurt by an explosion. It was necessary for him to be where he could do the... | |
 | 1904 - 1278 Seiten
...single block, when he was struck by a car from behind ; and the court held that it could not be said, as a matter of law, that he was guilty of contributory negligence. In the case at bar the driver of a wagon after dark, or when it was nearly dark, without a light, steps... | |
 | Arkansas. Supreme Court - 1913 - 690 Seiten
...while working there. But, as before stated, that was a question for the jury, and we can not say, as a matter of law, that he was guilty of contributory negligence in continuing to work without covering the hole or demanding of the carrier's agent that that be done.... | |
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Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. 
