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" The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from... "
The American State Reports: Containing the Cases of General Value and ... - Side 390
redigert av - 1888
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Albany Law Journal, Volum 44

1892 - 554 sider
..."The jndge has a certain duty to discharge, and jurors have another and a different duty. The jndge has to say whether any facts have been established by evidence, from which negligence may reasonably be inferred; the jurors have to say whether, from those facts.negligence ought to be inferred."...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1889 - 794 sider
...governed, leaving it to you to trace its application in your private studies. It is the duty of the Judge to say whether any facts have been established by...which negligence may be reasonably inferred : the Jury has then to say whether, from those facts, negligence ought to be inferred. So then you have these...
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A Summary of the Law of Torts, Or, Wrongs Independent of Contract

Sir Arthur Underhill - 1878 - 370 sider
...important alike for the high tribunal before which it was heard, and the recent date of its decision. "The judge has a certain duty to discharge, and the...reasonably inferred; the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the...
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The Southern Law Review, Volum 4

1879 - 924 sider
...best conserved by maintaining intact the respective functions of the judge aud jury. The judge must say whether any facts have been established by evidence from which negligence may reasonably be inferred. If so, he shall submit the evidence to the jury to say if it ought to be inferred...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volum 24

Nathaniel Cleveland Moak - 1880 - 914 sider
...Lordships' bar, any serious controversy as to the principles applicable to a case of this description. The judge has a certain duty to discharge, and the...jurors have another and a different duty. The judge lias to say whether any facts have been established by evidence from, which negligence may be reasonably...
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A Treatise on the Law of Railroads

Edward Lillie Pierce - 1881 - 684 sider
...action has arisen. Negligence cannot be exclusively a question of fact.5 A high authority has said, " The judge has to say whether any facts have been established...reasonably inferred ; the jurors have to say whether, 1 The disposition of jurie8 in such 38 Iowa, 52; Fernandes v. Sacramento cases against corporations...
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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
...unsupported case to the jury. [Authorities.] À high authority expresses the principle in this form: 'The judge has to say whether any facts have been...submitted to them, negligence ought to be inferred. The relevancy of evidence, and whether any exist which tends to prove, or is capable of proving, negligence,...
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The New Zealand Law Reports, Volum 35

1916 - 1326 sider
...decision of the House of Lords in Metropolitan Railway Co. v. ./ocfoon(3), where Lord Cairns said, " The Judge has a certain " duty to discharge, and the...established by evidence from which negligence may be reason" ably inferred ; the jurors have to say whether from these " facts, when submitted to them,...
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The Philosophy of Common Law: A Primer of Legal Principles Illustrated by a ...

Herbert Broom - 1883 - 360 sider
...Judge and the Jury in trials for negligence. " The judge has a certain duty to discharge, and the jury have another and a different duty. The judge has to...been established by evidence from which negligence mai/ iie reasonably inferred. The jury have to say whether from those facts, when submitted to them,...
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - 1883 - 1168 sider
...Was there at the trial any evidence of this negligence which ought to have been left to the Jury ? A Judge has to say whether any facts have been established...which negligence may be reasonably inferred ; the Jury has to say whether from those facts, when submitted to them, negligence ought to be inferred....
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