...of £100 was found for the Plaintiff, on the appeal case the Court granted a new trial, conceiving that it should have been left to the Jury to say whether or not the driver had been guilty of negligence. Justice Parke said — " There is a wide distinction...

...stepped back, and leaned against the counter, whereupon he was assaulted by deceased with a knife. Held, that it should have been left to the jury to say whether the conduct of the defendant, after kicking the deceased, was a withdrawal in good faith from further...

...between plaintiff and M. and therefora within the Statute of Frauds ; but by Allen, CJ, and Palmer. J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ.. (Wetmore, J.,...

...written agreement. Allan v. Sandias, 1 H. & U. 123; 31 LJ, Exch. 007; 0 LT, NS 359. Held, secondly, that it should have been left to the jury to say whether the agreement to pay commission extended also to the Glasgow. Ib. At the request of M., the defendant,...

...had inspected and approved of them. Judge Casey nonsuited the plaintiff, who appealed. THE COURT held that it should have been left to the jury to say whether the sheep had been disposed of by the defendant or his agents before the plaintiff inspected them,...

...28 NE 140, the plaintiffs were hurt upon places designed and fitted for foot travel. It is contended that it should have been left to the Jury to say whether the platform was the passageway which the defendant had provided for the plaintiff. The* arrangement...

...defendant would be liable for any injury he sustained by reason of the negligence of its servants. Held, that it should have been left to the jury to say whether the train-master had any authority to give the defendant's consent for plaintiff to ride on the car....

...the LORD CHIEF BARON at the trial. It has been contended that that is erroneous, and tnat it should have been left to the jury to say whether there was...is true that the Court of Exchequer in De Bernardy ». Harding,8 appears to have treated it as a matter for the consideration of the jury; but the decision...

...for the jury to say whether it was in substance the same." Yet MARTIN, B., in 5 H. & N., 517, thinks that it should have been left to the jury to say whether John Blurton and John Blurton & Co. are not substantially the same. So where a firm's name is Charles...

...between plaintiff and M., and therefore within the Statute of Frauds ; but by Allen, CJ, and Palmer, J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ., (Wetmore, J.,...