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" ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party... "
The Supreme Court Reporter - Side 438
1885
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Atlantic Reporter, Volum 71

1909
...reasonable rule to wit, that, before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether...verdict for the party producing it, upon whom the burden of proof is imposed." Paine v. Railway, 58 NH 611, 614. "We do not mean to say that a mere scintilla...
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The Eastern Reporter: Containing All the Decisions of the States of ..., Volum 5

1886
...sufficiency of the evidence is a preliminary question for the court; not whether there is literally any evidence, but whether there is any upon which a jury...proceed to find a verdict for the party producing it, and upon whom the burden of proof is imposed. Com. of Marion Co. v. Clark, 94 USSC 278 ; Hickman v....
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Atlantic Reporter, Volum 67

1908
...question is answered affirmatively by the presiding Judge : "Is there any evidence upon which a jury may properly proceed to find a verdict for the party producing It, upon whom the onus of proof is imposed?" When, however, the defendant failed to meet the plaintiff's case, a further determination was and is...
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Atlantic Reporter, Volum 62

1906
...not in the constitutional right of a trial by jury, for it has long been the doctrine of this court that in every case, before the evidence is left to the jury, there is a preliminary inestion for the judge, not whether there is literally no evidence, but whether there is any upon which...
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Atlantic Reporter, Volum 8

1887
...both in England and in this country, there is a preliminary question, in all cases, for the court, not whether there is literally no evidence, "but whether there is any that ought reasonably to satisfy the jury that the fact sought to be found is established. If there...
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The Insurance Law Journal, Volum 16

1887
...leave it to the jury ; but recent decisions of high authority have established a more reasonable rule that in every case, before the evidence is left to...the party producing it, upon whom the onus of proof rests. To the same effect are Pleasants vs. Fant, 22 Wall, 120; Commissioners etc. vs. Clark, 94 US,...
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The Southwestern Reporter, Volum 137

1911
...authorize and sustain a verdict, but it seems to be now settled law that the question for the judge "is, not whether there is literally no evidence, but whether there is any that ought reasonably to satisfy the jury that the fact sought to be proved is established." [5] Upon...
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A Treatise on the Law of Negligence, Volum 1

Thomas Gaskell Shearman, Amasa Angell Redfield - 1888
...505 ; Dickens v. NY Central R. Co., i Abb. Ct. App. 504 ; Keller v. NY Central R. Co., 2 Id. 480). " In every case, before the evidence is left to the...producing it, upon whom the onus of proof is imposed '' (Pleasants v. Fant, 22 Wall. 1 1 6, 120, and cases cited); SP Beaulieu v. Portland Co., 48 Maine,...
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The New York Supplement

1917
...it to the jury ; but recent decisions of high authority have established a more reasonable rule — that in every case, before the evidence is left to...the party producing it, upon whom the onus of proof rests." Since the decision in Matter of Case I believe the rule first above quoted from the Linkhauf...
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Reports of Cases Decided in the Court of Appeal

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - 1888
...the duty of the Court to do what the Judge ought to have done at the trial, and the rule laid down that in every case before the evidence is left to...evidence, but whether there is any upon which a jury may properly proceed to find a verdict for the party producing it upon whom the onus of proof is imposed....
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