 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - 772 páginas
...under "proper instructions from the court. It is their province to note the special circumstances aud surroundings of each particular case, and then say...reasonable, prudent men, under a similar state of affairs." Railway Co. v. loes, 144 US 417. The mere fact that deceased thought that the gates were not lowered... | |
 | 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 páginas
...under any and all circumstances. "It is the province of the jury to note the special circumstances and surroundings of each particular case, and then...whether the conduct of the parties in that case was such ae would be expected of reasonable, prudent men, under a similar state of affairs. When a given state... | |
 | 1907 - 2094 páginas
...jury, under proper instructions from the court. It Is their province to note the special circumstances and surroundings of each particular case, and then...a given state of facts is such that reasonable men majfairly differ as to whether there was negligence or not, the determination of the mutter is for... | |
 | 1896 - 2118 páginas
...jury under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then...parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs." Surely, then, a request that the court would... | |
 | 1899 - 2058 páginas
...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,... | |
 | 1905 - 1104 páginas
...jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then say whether the conduct of the parties in the case was such as would be expected of reasonably prudent men under a similar state of affairs.... | |
 | 1902 - 1172 páginas
...jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular case, and then...parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs." While the Jury is not permitted to apply... | |
 | 1909 - 1164 páginas
...then say whether the conduct of the parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs. When...given state of facts is such that reasonable men may fairy differ upon the question as to whether there was negligence or not, the determination of the... | |
 | 1911 - 1168 páginas
...from them that the drawing of the conclusion is ever considered as one of law for the court ; and, when a given state of facts is such that reasonable men may fairly differ in the conclusion to be drawn therefrom, the determination of the matter is for the Jury, and even... | |
 | 1905 - 1312 páginas
...jury, under proper Instructions from the court It Is their province to note the special circumstances and surroundings of each particular case, and then...whether the conduct of the parties In that case was men as would be expected of reasonable, prudent men, under a similar state of affairs. When a given... | |
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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. 
