 | 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 - 1917 - 824 pages
...vision extended over 100 feet south on the east track, and no car was in sight. It cannot be said as a matter of law that he was guilty of contributory negligence in going onto the west track under such circumstances. The car was 50 feet away when he entered on the... | |
 | 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 - 1909 - 790 pages
...harm, and that therefore, if he took an observation at this point and drove on, it cannot be said, as a matter of law, that he was guilty of contributory negligence in not continuing to look in that direction the whole distance. It will be noticed that by the plaintiff's... | |
 | 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 - Law reports, digests, etc - 1908 - 588 pages
...had the implied assent of the appellee to make this crossing, •we do not think it can be said as a matter of law that he was guilty of contributory negligence in attempting to make it in the manner appearing from the evidence." The case is somewhat stronger in... | |
 | Law reports, digests, etc - 1903 - 1250 pages
...it to enable him to appreciate his peril and avoid it by the exercise of ordinary care, It must be held, as a matter of law, that he was guilty of contributory negligence, and assumed the risks incident to continuing bis work while the shaft was revolving. If such were the... | |
 | Law reports, digests, etc - 1897 - 1158 pages
...not shown that deceased actually knew that the trestle was dangerously low. it could not be said, as a matter of law, that he was guilty of contributory negligence in not getting down from the seat In driving up to the trestle. The very fact that he had so often driven... | |
 | Law reports, digests, etc - 1915 - 1116 pages
...part of the plaintiff of the defective character of the footwalk, to justify the court in holding, as a matter of law, that he was guilty of contributory negligence in using it in common with the general public. [2] On the argument of the motion for judgment nov, the... | |
 | Law reports, digests, etc - 1905 - 1166 pages
...appellant had the Implied assent of the appellee to make this crossing, we do not think it can be said, as a matter of law, that he was guilty of contributory negligence in attemptIng to make it in the manner appearing from the evidence. We have repeatedly held that negligence,... | |
 | Law reports, digests, etc - 1917 - 1170 pages
...defense. [6] If the foreman had Just Informed plaintiff that everything was all right, we cannot say as a matter of law that he was guilty of contributory negligence In standing where he might be hurt by an explosion. It was necessary for him to be where he could do the... | |
 | Law reports, digests, etc - 1904 - 1278 pages
...single block, when he was struck by a car from behind ; and the court held that it could not be said, as a matter of law, that he was guilty of contributory negligence. In the case at bar the driver of a wagon after dark, or when it was nearly dark, without a light, steps... | |
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Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. 
