 | 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 - 1912 - 686 sider
...; McCurrie v. Railroad Co., 122 Cal. 558.) Where there is uncertainty as to the existence of either negligence or contributory negligence, the question...arises from a conflict in the testimony or because of the facts being undisputed, fair-minded men will honestly draw different conclusions from them.... | |
 | 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
...Justice McCARTY, that: "It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...arises from a conflict in the testimony, or, because of the facts being undisputed, fair-minded men will honestly draw different conclusions from them."... | |
 | 1902 - 1128 sider
...negligence, said: "it is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...because, the facts being undisputed, fair-minded men will draw different conclusions from them." The testimony admitted by the trial court over the objections... | |
 | 1894 - 2074 sider
...44, 13 Sup. Ct 748, the supremo court said that where there was uncertainty as to the existence of contributory negligence the question is not one of law, but of fact, to be settled by a jury; and this whether the uncertainty arises from a conflict in the testimony,... | |
 | 1904 - 1174 sider
...ordinarily for the jury. "It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, the question...will honestly draw different conclusions from them." Richmond, etc., Co. v. Powers, 149 US 43, 45, 13 Sup. Ct. 748, 37 L. Ed. 042. See, also, Washington,... | |
 | 1899 - 1156 sider
...instruction unduly favorable to plaintiff. 3. Where there is an uncertainty as to the existence of. either negligence or contributory negligence, the question...not one of law, but of fact, and to be settled by the jury; and this, whether the uncertainty arises from a conflict in the testimony, or because, the... | |
 | Arkansas. Supreme Court - 1906 - 678 sider
...United States, said: "It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question...will honestly draw different conclusions from them. (Citing authorities.)" Richmond & D. Rd. Co. v. Powers, 149 US 43. The authorities sustaining this... | |
 | United States. Supreme Court - 1893 - 858 sider
...prevent a. recovery. It is well settled that where there is uncertainty as. to the existence of either negligence or contributory negligence, the question...settled by a jury ; and this, whether the uncertainty arisesfrom a conflict in the testimony, or because the facts being undisputed, fairminded men will... | |
| |
It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, and to be settled by a jury, and this whether the uncertainty arises from a conflict in... 
