 If the facts are not ambiguous, and there is no room for two honest and apparently reasonable conclusions, then the Judge should not be compelled to submit the question to the Jury as one In dispute.  Reports ... Proceedings - Page 65by Ohio State Bar Association - 1898Full view - About this book
 | Connecticut. Supreme Court of Errors - Law reports, digests, etc - 1891 - 672 pages
...his work on torts, Judge Cooley states such a rule as follows: — "The proper conclusion seems to be this : If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Cooley on Torts, p. 670. In the case of Detroit $• Milwaukee R. R. Co. v. Van Steinbura, 17 Mich.,... | |
 | Law reports, digests, etc - 1893 - 2192 pages
...facts established, then the conclusion of negligence follows. Thus in Cooley on Torts, 804, it is said: "If the facts are not ambiguous, and there is no room...evidence here which tends to show a want of due care.' In cither case he draws the conclusion of negligence or the want of it as one of law. " In Shear. & E.... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1882 - 764 pages
...debatable, or rests in doubt." Judge COOLEY discusses this question in his work on Torts, and concludes: "If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Page 670. Townley, by guardian ad litem, vs. The Chicago, Mil. & St. P. R'y Co. We are clearly of the... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1885 - 940 pages
...facts are not ambiguous, and there is no room for two honest and apparently reasonable conclusions, the judge should not be compelled to submit the question to the jury as one in dispute." p. 670. I have thus largely quoted from Judge Cooley, because of the admirable and able manner in which... | |
 | Thomas McIntyre Cooley - Torts - 1888 - 1060 pages
...the presence or absence of due care, the judge would be quite justified in saying that the lawdeduued the conclusion accordingly. If the facts are not ambiguous,...in the evidence here which tends to show a want of duecare." In either case he draws the conclusion of negligence or the want of it as one of law. Many... | |
 | John Davison Lawson - Actions and defenses - 1890 - 924 pages
...reasonable conclusions, then the judge should not be compelled to submit the question to the jifty as one in dispute. On the contrary, he should say to them, "lu the judgment of the law this conduct was negligent," or, as the case might be, "There is nothing... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1891 - 772 pages
...his work on Torts, Judge Cooley states such a rule as follows : " The proper conclusion seems to be this : If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Cooley, Torts, p. 670. In the case of Detroit & M. R. Co. v. Van Steinburg, supra, Judge COOLEY stated... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1893 - 1020 pages
...are unambiguous, and there is no room for two honest and apparent reasonable conclusions, the court should not be compelled to submit the question to the jury as one in dispute." Now, taking the entire evidence that was introduced in this case, there is nothing that indicates that... | |
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