 The Judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.  The Northeastern Reporter - Page 4031888Full view - About this book
 | Law - 1892 - 554 pages
...jndge has a certain duty to discharge, and jurors have another and a different duty. The jndge has to say whether any facts have been established by evidence, from which negligence may reasonably be inferred; the jurors have to say whether, from those facts.negligence ought to be inferred."... | |
 | South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - Law reports, digests, etc - 1916 - 634 pages
...evidence from which negligence can be reasonably and legitimately inferred ; and it is for the jury to say whether from those facts when submitted to them, negligence ought to be inferred." Randall v. Railroad, 109 US 478, 3 Sup. Ct. 322, 27 L. Ed. 1003. It will thus be seen that the rule... | |
 | Law - 1889 - 794 pages
...leaving it to you to trace its application in your private studies. It is the duty of the Judge to say whether any facts have been established by evidence...which negligence may be reasonably inferred : the Jury has then to say whether, from those facts, negligence ought to be inferred. So then you have these... | |
 | Law - 1879 - 924 pages
...best conserved by maintaining intact the respective functions of the judge aud jury. The judge must say whether any facts have been established by evidence from which negligence may reasonably be inferred. If so, he shall submit the evidence to the jury to say if it ought to be inferred... | |
 | Edward Lillie Pierce - Railroad law - 1881 - 684 pages
...Negligence cannot be exclusively a question of fact.5 A high authority has said, " The judge has to say whether any facts have been established by evidence...reasonably inferred ; the jurors have to say whether, 1 The disposition of jurie8 in such 38 Iowa, 52; Fernandes v. Sacramento cases against corporations... | |
 | Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...the trial any evidence of this negligence which ought to have been left to the Jury ? A Judge has to say whether any facts have been established by evidence...which negligence may be reasonably inferred ; the Jury has to say whether from those facts, when submitted to them, negligence ought to be inferred.... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 676 pages
...evidence from which negligence can be reasonably and legitimately inferred; and it is for the jury to say whether from those facts, when submitted to them, negligence ought to be inferred. Metropolitan Ry. Co. v. Jackson, 3 App. Cas. 193. Tried by this test, there was no sufficient evidence... | |
 | Courts - 1916 - 1326 pages
...a certain " duty to discharge, and the jurors have another and a different " duty. The Judge has to say whether any facts have been " established by evidence from which negligence may be reason" ably inferred ; the jurors have to say whether from these " facts, when submitted to them,... | |
 | Herbert Broom - Common law - 1883 - 360 pages
...judge has a certain duty to discharge, and the jury have another and a different duty. The judge has to say whether any facts have been established by evidence from which negligence mai/ iie reasonably inferred. The jury have to say whether from those facts, when submitted to them,... | |
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