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" It is not competent for the court to instruct the jury, as a matter of law, that... "
Reports of Cases in Law and Equity, Determined in the Supreme Court of the ... - Side 276
av Iowa. Supreme Court - 1877
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 196

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 - 1918 - 854 sider
...brake was applied by the men in the operation of it. In that connection I charge you, gentlemen of the jury, as a matter of law that it was the duty of the Ann Arbor Railroad Company to furnish a hand car with brakes sufficiently efficient to be reasonably...
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The Central Law Journal, Volum 7

1878 - 540 sider
...value of the services Is denied and a counterclaim for damages for malpractice is set up, it is proper for the court to instruct the jury, as a matter of law, that the plaintiff was a competent surgeon. 2. In an action fora surgeon's fee, where the value of...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 11

1882 - 634 sider
...in Bouvier's Law Dictionary, vol. ii. p. 555. In view of the foregoing state of facts, it was error for the Court to instruct the jury as a matter of law that McMurtry was a subscribing witness to the paper, and that proof of his signature was proof of...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 8

California. Supreme Court - 1875 - 676 sider
...was a voluntary unconditional payment. Frank v. Hrady, 47. 2. IDEM. — In such case, it was proper for the Court to instruct the jury, as a matter of law, to find for the plaintiff, in the absence of evidence showing a legal or moral obligation on the part...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volum 1

1878 - 542 sider
...value of the services is denied and a counter-claim for damages for malpractice is set up, it is proper for the court to instruct the jury, as a matter of law, that the plaintiff was a competent surgi on. 2. In an action for a surgeon's fee, where the value of...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volum 3

Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 556 sider
...a distance from the platform, had a right to suppose that his instructions were understood. Id. 82. It is not competent for the court to instruct the...aware of the passenger's inexperience and ignorance. Id. 83. Questions respecting negligence. It is well settled in this State that a party cannot recover...
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The American Reports: Containing All Decisions of General Interest ..., Volum 37

Isaac Grant Thompson - 1882 - 962 sider
...its employees or agents, the verdict should be for plaintiff. This instruction in effect tells the jury, as a matter of law, that it was the duty of the defendant to station a watchman at the crossing if they believed that such crossing was unusually dangerous...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 708 sider
...its employees or agents, the verdict should be for plaintiff. This instruction in effect tells the jury, as a matter of law, that it was the duty of the defendant to station a watchman at the crossing, if they believed that such crossing was unusually...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 762 sider
...against a railway company, for damages for the death of plaintiff's intestate, the defendant asked the court to instruct the jury, as a matter of law, that it was not under obligation to furnish the deceased, a shipper of stock, witli transportation from the...
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The Southwestern Reporter, Volum 222

1920 - 1206 sider
...drawn from the evidence. It was therefore error for the court under these circumstances to charge the jury as a matter of law that it was the duty of Mrs. Harrell to keep a lookout; but this error of law would not warrant the trial court in rendering...
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