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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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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1897
...if the evidence is such as not to warrant a verdict for a party, to direct the jury accordingly, and that in every case, before the evidence is left to the jury, there is a preliminary question to be decided by the judge whether there is any evidence produced by the party upon whom the onus of...
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The New York State Reporter, Volum 39

1891
...leave it to the jury ; but recent decisions of high authority have established the more reasonable rule that, in every case, before the evidence is left to the jury, thre is a preliminary question for the judge, not whether there is literally no evidence, but whether...
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The Albany Law Journal: A Monthly Record of the Law and the ..., Volumer 47-48

1898
...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." The rule should be regarded as settled under all the authorities, as well by the decisions...
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Proceedings of the ... Annual Session of the Association ..., Volum 19

Ohio State Bar Association - 1898
...United States, and the lesser federal tribunals. In those tribunals, at every trial there is always a preliminary question for the judge, not whether...producing it, upon whom the onus of proof is imposed. If there is a bare scintilla,—a mere surmise, —if there is the slightest tendency in any part of...
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The Digest of English Case Law Containing the Reported Decisions ..., Volum 11

John Mews - 1898
...Sew Zealand, (ir> LJ, PC 24 ; [18% J AC 372 ; 74 LT 204— P. 0. The modern rule as to a nonsuit is that in every case before the evidence is left to...whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the onus of proof is imposed, (iiblin v. Me Mullen,...
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Ruling Cases, Volum 15

Robert Campbell - 1898
...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." Much to the same effect was the conclusion of Chief Justice MARSHALL in...
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Reports of Cases Heard and Determined in the Appellate Division of ..., Volum 25

New York (State). Supreme Court. Appellate Division - 1898
...that the injury was the result, not merely of accident without negligence, but of negligence itself. In every case, before the evidence is left to the...there is a preliminary question for the judge, not literally whether there is no evidence, but whether there is any upon which a jury can properly proceed...
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United States Courts of Appeals Reports: Cases Adjudged in the ..., Volum 43

1897
...Ryder v. Wombwell, LR 4 Ex. 32) has established Opinion of the Court. a more reasonable rule, viz., that in every case before the evidence is left to...producing it, upon whom the onus of proof is imposed. If, therefore, the plaintiff's evidence in this case was such that the judge ought to have considered...
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The American and English Railroad Cases: A Collection of All Cases ...

1899
...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." In Randall v. Railroad Co., 109 US 482, 3 Sup. Ct. 324, JUSTICE GRAY,...
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Lawyers' Reports Annotated, Bok 44

1899
...jury; but recent decisions of high authority have established a more reasonable rule, that in «very case, before the evidence is left to the jury, there is a preliminary question for the judge, nor whether there is literally no evidence, but whether there is any upon which a jury can properly...
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