 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1896 - 1044 Seiten
...is, under all circumstances, required to exercise ordinary care. Omaha Street K. Go. v. Martin 66 2. Where the facts are such that all reasonable men must draw the same conclusion therefrom, the question of negligence is one of law for the court. Id. 3. Where reasonable men may... | |
 | 1896 - 872 Seiten
...affirming 53 111. App. 151. Same — Province of Court and Jury — Duty of Court. — It is only when the facts are such that all reasonable men must draw the same inference from them that it becomes the duty of the court to decide the question of contributory negligence.... | |
 | 1896 - 746 Seiten
...Negligence is never considered a question of law for the court, unless the facts shown by the evidence are such that all reasonable men must draw the same conclusion from a consideration of them, or are such as would warrant the court in setting aside the verdict of the... | |
 | 1896 - 842 Seiten
...the question as to whether there 135 negligence or not, the determination of the matter is for the It is only where the facts are such that all reasonable men w draw the same conclusion from them, that the question of "^'igence is ever considered as one of law... | |
 | Washington (State). Supreme Court - 1897 - 792 Seiten
...differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conOpinion of the Court — ANDEKS, J. [16 Wash. elusion from them, that the question of negligence... | |
 | Utah - 1897 - 1260 Seiten
...the question as to whether there was contributory negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusions from them that the question of contributory negligence is considered one of law for the... | |
 | William Draper Lewis - 1897 - 910 Seiten
...duty of the court to withdraw the question from the jury. Trarellers' Ins. Co. v. Melick, 65F. U. 181. facts are such that all reasonable men must draw the...conclusion from them that the question of negligence is even considered as one of law for t lie court. Cin., New O. & Texas Рас. Ry. Co. v. Farra, 31 US... | |
 | Frederick Pollock - 1897 - 712 Seiten
...be left as such in the hands of the jury(o). The question of negligence is one of law for the Court only where the facts are such that all reasonable men must draw the same conclusion from them(p). It is true that the rules as to remoteness of damage set some bounds to the connexion of the... | |
 | Norman Fetter - 1897 - 888 Seiten
...Miss. 601, 7 South. 401. "Negligence and contributory negligence are never questions of law, unless the facts are such that all reasonable men must draw the same inference from them." Eichhorn v. R.illway Co., 130 Mo. 575, 32 SW 993. See. also, Weber v. Railway... | |
 | North Carolina. Supreme Court - 1898 - 1338 Seiten
...differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such...negligence is ever considered as one of law for the court." Cited, quoted and approved in Texas, etc. v. Gentry, supra; Warner \. B. & <». RR Co., 168 US 339,... | |
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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. It is only where the facts are such that all reasonable men must draw... 
