 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 matter is for the jury.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 251by 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 - 1894Full view - About this book
 | 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 - 1895 - 772 pages
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of 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... | |
 | Law reports, digests, etc - 1905 - 1104 pages
...case was such as would be expected of reasonably prudent men under a similar state of affairs. When u given state of facts is such that reasonable men may...negligence or not, the determination of the matter la for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion... | |
 | Law reports, digests, etc - 1907 - 2094 pages
...surroundings of each particular case, and then say whether the conduct of the parties in that case was such as would be expected of reasonable, prudent men, under...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... | |
 | Law reports, digests, etc - 1899 - 2058 pages
...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,... | |
 | Law reports, digests, etc - 1899 - 986 pages
...to human life, and Impose great risks upon those who might have occasion to travel on the railroad." When a given state of facts Is such that reasonable...negligence or not, the determination of the matter la for the Jury. Railway Co. т. Ivés, 144 U. S. 408, 417, 12 Sup. Ct. 679; Railway Co. v. Griffith,... | |
 | Law reports, digests, etc - 1921 - 1150 pages
...evidence which ia most favorable to the demurrant. 2. Negligence <§=>I36(9)— Question for Jury. When a given state of facts is such that reasonable...not, the determination of the matter is for the jury. 3. Master and servant <g=>286(3 1)— Negligence in running over conductor held for Jury. From an examination... | |
 | Law reports, digests, etc - 1909 - 1164 pages
...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... | |
 | Law reports, digests, etc - 1911 - 1168 pages
...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... | |
 | Law reports, digests, etc - 1900 - 1146 pages
...reasonable and prudent and what shall constitute ordinary care -under any and all circumstances. * * * When a given state of facts is such that reasonable...negligence or not, the determination of the matter la for the jury. It is only when the facts are such that reasonable men must draw the same conclusion... | |
 | Law reports, digests, etc - 1905 - 1312 pages
...jury. In Grand Trunk Railway Co. v. Ivés, 144 U. S. 408, 12 Sup. Ct. 679, 36 L. Ed. 485, It was said: "When a given state of facts is such that reasonable...fairly differ upon the question as to whether there j was negligence or not, the determination of j the matter is for the Jury." The first and second specified... | |
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