 | James Kent - 1828 - 432 sider
...may be a question of law for the court, and so it was held in Mowatt v. Howland ;* but generally it will be a mixed question of law and fact to be submitted to a jury under the direction of the court, whether notice in the particular case, under all the circumstances,... | |
 | Joseph Story - 1846 - 756 sider
...or ascertained, the reasonableness of notice may be a question of law for the court But generally it will be a mixed question of law and fact, to be submitted to a jury under the direction of the court, whether notice in the particular case, under all the circumstances,... | |
 | Asa Kinne - 1853 - 538 sider
...P., 14 Sac. Mr., Trial D. And that the question of probable cause is not wholly matter of law, but is a mixed question of law and fact, to be submitted to the jury under directions from the court. — 2 Stark. Ev., (Metcalf's ed.), 912, notes a and 1. Dwight and Bishop,... | |
 | Joel Prentiss Bishop - 1858 - 1012 sider
...structure and its progress towards completion be such as to constitute a building is a question of fact, to be submitted to the jury under proper instructions of the court." 2 § 177. Warehouse. This word, in its popular acceptation, signifies an apartment or building for... | |
 | Theron Metcalf, Jonathan Cogswell Perkins - 1860 - 746 sider
...lapse of time less than seven years, and from circumstances indicating intention to abandon, it is a mixed question of law and fact, to be submitted to the jury. Brentlinger v. Hutchinson, 1 Watts, 40. See also Jilchison v. JfCulloch, 5 Watts, 13. 25. Where an... | |
 | Massachusetts. Supreme Judicial Court - 1864 - 1154 sider
...; Bac. Abr. Trial, D , and that the question of probable cause is not wholly matter of law, but is a mixed question of law and fact, to be submitted to the jury under directions from the court , 2 Stark. Ev, (Metcalf 's ed.) 912, notes a and 1. Dwight and Bishop, for... | |
 | 1864 - 824 sider
...own land or privilege. What, in any particular case, is a reasonable use or management, is ordinarily a mixed question of law and fact, to be submitted to the jury uuder the instruction of the court. Case. The declaration is set forth at length in 28 N. II. 438.... | |
 | Ohio. Supreme Court - 1884 - 806 sider
...whether negligence can be imputed to a defendant or contributory negligence to a plaintiff, is generally a mixed question of law and fact, to be submitted to the jury under proper instructions from the court. In a proper case, the court may take from the jury the evidence given by the plaintiff... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875 - 768 sider
...instruction. The general rule to be found in the books is, that the reasonableness of such regulations is a mixed question of law and fact, to be submitted to the jury under proper directions. 1 Redfield on Railways, 88. And at least one court, pointing the distinction between by-laws... | |
 | John Waller Head - 1879 - 426 sider
...The question, whether or not a conversion of property IB waived, is a question of intention. It is a mixed question of law and fact, to be submitted to the jury under proper instructions from the court. It must, in all cases, appear that the party bad full knowledge of his rights, in respect... | |
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Generally, the reasonableness of the notice will be a mixed question of law and fact, to be submitted to the jury under proper instructions of the court... 
