 Plaintiff fell into the trench and was injured, and the court held that the question, of contributory negligence was properly submitted to the jury...  Reports of Cases Decided in the Supreme Court of the State of North Dakota - Page 41by North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1912Full view - About this book
 | Alabama. Supreme Court - Law reports, digests, etc - 1888 - 714 pages
...missing the steps by walking obliquely from the ollice, though he was well acquainted with the premises; held, that the question of contributory negligence was properly submitted to the jury; STONE, C. .1., holding that it was negligence as matter of law. Ib. RIGHT OF WAY; CROSSING; CONTRACTS... | |
 | 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 - Law reports, digests, etc - 1886 - 718 pages
...declaration. I discover no error in the record covered by the fifth request of defendant to charge. The question of contributory negligence was properly submitted to the jury, and it was not error to refuse the sixth request. The other requests and rulings therein are covered, or... | |
 | Law - 1888 - 564 pages
...unnecessarily exposed himself to danger. But these material facts resting in inference, it results that the question of contributory negligence was properly submitted to the jury. 'Ala. Sup. Ct., May 3, 1887. Alabama GSR Co. v. Arnold. Opinion by Clopton, J. LIVERY STARLE KEEPERS—... | |
 | Law - 1879 - 552 pages
...for . passengers by the local train was some eighty feet beyond this point, and on the right side: Held, that the question of contributory negligence was properly submitted to the jury. 3. The rule of law that persons about to cross a railroad track must stop, look and listen, and that... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 820 pages
...attempted to cross. There was no direct proof as to what precautions he took before crossing the track. Held, that the question of contributory negligence was properly submitted to the jury ; that it was competent for them to infer that the boy seeing the first train pass supposed it was... | |
 | Law reports, digests, etc - 1913 - 1236 pages
...Johnson v. Railroad Co., 80 Kan. 456, 103 Рас. 90, and other decisions of this court, it must he held that the question of contributory negligence was properly submitted to the jury. The Judgment is affirmed. All the Justices concurring. (89 K»n. 684) CUNNINGHAM v. PATTKHSON et al.... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...case from the consideration of the jury. The same authorities, and the same considerations demonstrate that the question of contributory negligence was properly submitted to the jury at the close of the trial — whenever all the testimony was in. There was then a dispute about the... | |
 | Law reports, digests, etc - 1884 - 938 pages
...case from the consideration of the jury. The same authorities and the same considerations demonstrate that the question of contributory negligence was properly submitted to the jury at the close of the trial, after all the testimony was in. There was then a dispute about the facts;... | |
 | Horace Gay Wood - Railroad law - 1885 - 804 pages
...cross. There was no direct proof as to what precautions he took before crossing the track ; but it was held that the question of contributory negligence...was properly submitted to the jury, and that it was competent for them to infer that the boy, seeing the first train pass, supposed it was going on, nnd,... | |
 | Law - 1886 - 640 pages
...plaintiff suffering an injury from the mismanagement of the machinery, brings an action for damages. Held that the question of contributory negligence was properly submitted to .the jury, and that the fact of intoxication of the engineer was material. — Probst v. Delamater. Filed Oct. 30, 1885.—... | |
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