 | Vermont. Supreme Court - Law reports, digests, etc - 1844 - 820 pages
...the party injured conducted with due care and skill, — are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character, as to justify... | |
 | Georgia. Supreme Court - Equity - 1888 - 946 pages
...offered and the bidder has refused to comply with his bid, is unreasonable or not, is a mixed question of law and fact, to be determined by the jury under proper instructions from the court, and it is error for the court to determine this question himself. December 15, 1885.... | |
 | Law - 1886 - 548 pages
...passengers' baggage turn upon the question what articles baggage may consist of. This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court. In Maorow v. Ry. Co., LR, 6Q. B. 612, the question coming before the court as to what... | |
 | Law - 1877 - 510 pages
...Contributory negligence. — What is such contributory negligence as will defeat a recovery is usually a question of mixed law and fact, to be determined by the jury from all the circumstances of the case and under proper instructions from the court; but where the... | |
 | Daniel Roberts - Law reports, digests, etc - 1878 - 906 pages
...whether the party injured conducted with due care and skill, are questions of fact, or mixed questions of law and fact, to be determined by the jury under proper instructions from the court. The evidence may, indeed, disclose facts of so decisive a character as to justify the... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1879 - 556 pages
...negligence of the superintendent of a repair shop was the negligence of the company was a mixed question of law and fact to be determined by the jury, under proper instructions of the court. Id. 67. The employe of a railway company who voluntarily leaves his post and is injured... | |
 | John Waller Head - Law reports, digests, etc - 1879 - 426 pages
...may be observed, that the question, what amounts to a waiver, is, in all cases, a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. But, though the technical conversion be waived, impliedly, still, the same result in... | |
 | Melville Madison Bigelow - Negotiable instruments - 1880 - 748 pages
...facts arc found, it becomes exclusively a question for the court ; if not, it is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. Indorsement after maturity has been said to be equivalent to drawing a new bill payable... | |
 | Law - 1882 - 692 pages
...of a railroad company has made an order as to the management of a particular train, which order will be reasonable or unreasonable according to the circumstances...such order is to be deemed reasonable or unreasonable isa question of mixed law and fact, to be determined by the jury under proper instructions. 2. Where... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 834 pages
...such articles fall within the meaning of a passenger's personal baggage or not, is a mixed question of law and fact, to be determined by the jury, under proper instructions from the court. It is correctly remarked in the " notes" to Thompson's Carriers of Passengers, p. 510,... | |
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The decisions on the subject of passengers' baggage turn upon the question : What articles may baggage consist of ? This is a mixed question of law and fact, to be determined by the jury under proper instructions from the court. 
