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" 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 matter is for the jury. It is only where the facts are such that all reasonable men must draw... "
The Southwestern Reporter - Side 53
1897
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumer 53-54

1896 - 866 sider
...NEGLIGENCE — CONTRIBUTORY NEGLIGENCE. —Contributory negligence is never a question of law unless the facts are such that all reasonable men must draw the same inference therefrom. ( Eichhorn v. Missouri. K. & T. Ry. Co., [Mo.] 32 3. W. Rep. 993.) RAILROAD COMPANIES...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 27

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
...that case was such as would be expected of reasonable, prudent men under a similar state of affairs. When a given state of facts is such that reasonable...conclusion from them that the question of negligence is ever considered as one of law for the court. ... As the question of negligence on the part of the defendant...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 9

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
...instructions from the court, and whenever a given state of facts is such that reasonable men would fairly differ upon the question as to whether there was negligence or not, the question of negligence should be submitted to the jury. RAILROADS.— ACCIDENT AT CROSSING. — INSTRUCTIONS.—...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 17

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 - 1899 - 612 sider
...personal injuries, alleged to have been caused through negligence, the facts shown by the evidence are such that all reasonable men must draw the same conclusion from them, the question of negligence becomes one of law for the court. . A person, in crossing a street having...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 53-54

1893 - 2192 sider
...Co. v. Ives, 144 US 408, 417, 12 Sup. Ct, Rep. 679, the court, speaking by Mr. Justice Lamar, says: "When a given state of facts is such that reasonable...conclusion from them that the question of negligence is ever considered one of law, for the court." In the case of Kailroad Co. v. Stout, 17 Wall. 657, 663,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 57-58

1894 - 2096 sider
...that case was such as -would be expected of reasonable, prudent men, under a similar state of affairs. When a given state of facts is such that reasonable...conclusion from them that the question of negligence Is ever considered as one of law for the court." See authorities there cited. Also Railroad Co. v. Foley,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 61-62

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...determination of the matter is for the Jury. It is only whore the facts are such that all reasonable men must draw the same conclusion from them that the question...
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The Federal Reporter, Volum 138

1905 - 1104 sider
...case was such as would be expected of reasonably prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may...negligence or not, the determination of the matter la for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 95-96

1899 - 2058 sider
...the duty of the court to submit it to the consideration of the jury. Where a given state of evidence is such that reasonable men may fairly differ upon...there was negligence or not. the determination of the maiter is for the jury; but where the evidence is such that all reasonable men must draw the same,...
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The Federal Reporter

1928 - 1130 sider
...guilty of contributory negligence was clearly a question for the jury. As said by Mr. Justice Lámar, it is only where the facts are such that all reasonable...draw the same conclusion from them that the question becomes one for the court. Here the defendant was clearly guilty of gross negligence which resulted...
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