 The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court It is their province to note the special circumstances and surroundings of each particular case and then say whether the conduct...  The Federal Reporter - Side 591899Uten tilgangsbegrensning - Om denne boken
 | 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 - 1895 - 772 sider
...under "proper instructions from the court. It is their province to note the special circumstances aud surroundings of each particular case, and then say...reasonable, prudent men, under a similar state of affairs." Railway Co. v. loes, 144 US 417. The mere fact that deceased thought that the gates were not lowered... | |
 | 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 - 1904 - 636 sider
...the determination of such question to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings...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... | |
 | 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 - 1894 - 588 sider
...what shall constitute ordinary care, under any and all circumstances. "It is the province of the jury to note the special circumstances and surroundings...whether the conduct of the parties in that case was such ae would be expected of reasonable, prudent men, under a similar state of affairs. When a given state... | |
 | 1894 - 2096 sider
...determination of such questions to the Jury, under proper Instructions from the court. It is their province to note the special circumstances and surroundings...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... | |
 | 1907 - 2094 sider
...determination of such questions to the jury, under proper instructions from the court. It Is their province to note the special circumstances and surroundings...a given state of facts is such that reasonable men majfairly differ as to whether there was negligence or not, the determination of the mutter is for... | |
 | 1896 - 2118 sider
...the determination of such questions to the jury under proper instructions from the court. It is their province to note the special circumstances and surroundings...parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs." Surely, then, a request that the court would... | |
 | 1905 - 1104 sider
...determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings...and then say whether the conduct of the parties in the case was such as would be expected of reasonably prudent men under a similar state of affairs.... | |
 | 1894 - 2074 sider
...145 US 606, 12 Sup. Ct. 905. In Railway Co. V. Ives, 144 US 417, 12 Sup. Ct. 679, the court said : "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... | |
 | United States. Supreme Court - 1896 - 1242 sider
...determination of such questions to the Jury, under proper Instructions from the court. It Is their province to note the special circumstances and surroundings...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... | |
 | 1899 - 986 sider
...to human life, and Impose great risks upon those who might have occasion to travel on the railroad." 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... | |
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