 It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, and to be settled by a jury; and this whether the uncertainty arises from a conflict...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 22by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, George L. Nye, James A. Williams, Joseph M. Tanner, Alonzo Blair Irvine, John Walcott Thompson, William S. Dalton, August B. Edler, H. Arnold Rich, Harmel L. Pratt - 1912Full view - About this book
 | Law reports, digests, etc - 1902 - 1128 pages
...speaking for the court upon the question of contributory negligence, said: "it is well settled that, where there is uncertainty as to the existence of...arises from a conflict in the testimony, or because, the facts being undisputed, fair-minded men will draw different conclusions from them." The testimony... | |
 | Law reports, digests, etc - 1899 - 2058 pages
...for the court, upon this subject said: "It Is well settled that, where there Is uncertainty as to tbe existence of either negligence or contributory negligence,...arises from a conflict in the testimony, or because, the facts being undisputed, fairminded men will draw different conclusions from them." It will be recognized... | |
 | Law reports, digests, etc - 1894 - 2074 pages
...44, 13 Sup. Ct 748, the supremo court said that where there was uncertainty as to the existence of contributory negligence the question is not one of law, but of fact, to be settled by a jury; and this whether the uncertainty arises from a conflict in the testimony,... | |
 | Law reports, digests, etc - 1904 - 1174 pages
...one for the Jury to determine, and it is therefore ordinarily for the jury. "It is well settled that where there is uncertainty as to the existence of...arises from a conflict in the testimony or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them." Richmond,... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...In the case of Railroad Co. v. Everett, 14 Sup. Ct. 474, the court says: "It Is well settled that,- where there is uncertainty as to the existence of...contributory negligence, the question is not one of law, hut of fact and to be settled by a jury; and this, whether the uncertainty arises from a conflict in... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1906 - 678 pages
...Justice BREWER, speaking for the Supreme Court of the United States, said: "It is well settled that, where there is uncertainty as to the existence of...arises from a conflict in the testimony, or because, the facts being undisputed, fairminded men will honestly draw different conclusions from them. (Citing... | |
 | Appellate courts - 1902 - 812 pages
...the court, said : "It is well settled that, where there Is uncertainty as to the existence of «lther negligence or contributory negligence, the question...arises from a conflict In the testimony, or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them." The... | |
 | Appellate courts - 1900 - 810 pages
...conflicting and uncertain, then there was no error in refusing the general charge. ''It is well settled that, where there is uncertainty as to the existence of...question is not one of law but of fact, and to be set tied by a jury ; and this, whether the uncertainty arises from a conflict in the testimony, or... | |
| |
