 It is well settled that, where there is uncertainty as to the existence of either negligence or contributory negligence, the question is not one of law, but of fact, and to be settled by a jury; and this whether the uncertainty arises from a conflict...  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 22by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, George L. Nye, James A. Williams, Joseph M. Tanner, Alonzo Blair Irvine, John Walcott Thompson, William S. Dalton, August B. Edler, H. Arnold Rich, Harmel L. Pratt - 1912Full view - About this book
 | Railroad law - 1907 - 932 pages
...admitted, or conflicting testimony, may honestly draw different conclusions as to the negligence charged, the question is not one of law, but of fact, and to be settled bv the jury under proper instructions. Richmond & DR Co. v. Powers, '149 US 43, 37 L. Ed. 642, 13 Sup.... | |
 | Law reports, digests, etc - 1907 - 834 pages
...company guilty of negligence, we sustained the verdict and judgment, saying: 'It is well settled that where there is uncertainty as to the existence of either negligence or contributory negligence, then question is not one of law, but of fact, anda to be settled by» a jury; and this, whet.h«»... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1909 - 788 pages
...inferences that the question of negligence can be determined as a matter of law. "It is well settled that, where there is uncertainty as to the existence of...arises from a conflict in the testimony, or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them." Richmond... | |
 | Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1909 - 784 pages
...negligence can be determined as a matter of law. "It is well settled that, where there is uncertainty aa to the existence of either negligence or contributory...arises from a conflict in the testimony, or because, the facts being undisputed, fair-minded men will honestly draw different conclusions from them." Richmond... | |
 | Law reports, digests, etc - 1909 - 1176 pages
...Injured, is for the jury to pass upon, and is not a question of law for the decision of the court. Where there is uncertainty as to the existence of...negligence, the question is not one of law, but of fact, to be settled by the jury; and this whether the uncertainty arises from a conflict of the testimony... | |
 | Law reports, digests, etc - 1909 - 1182 pages
...law, but by proper submission to the jury. Atlas r. National Biscuit Co. 100 Minn. 30, 110 NW 250. Where there is uncertainty as to the existence of...negligence, the question is not one of law, but of fact. Richmond & DR Co. v. Powers, 149 U. 8. 43, 37 L. ed. 642, 13 Sup. Ct. Rep. 748. Messrs. AH Bright and... | |
 | Colorado. Supreme Court - Law reports, digests, etc - 1909 - 676 pages
...injured, is for the jury to pass upon, and is not a question of law for the decision of the court. AVhere there is uncertainty as to the existence of either...negligence, the question is not one of law, but of fact, to be settled by the jury; and this, whether the uncertainty arises from a conflict of the testimony... | |
 | Railroad law - 1910 - 872 pages
...injured, is for the jury to pass upon, and is not a question of law for the decision of the court. Where there is uncertainty as to the existence of...negligence, the question is not one of law, but of fact, to be settled by the jury; and this whether the uncertainty arises from a conflict of the testimony... | |
 | Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1911 - 770 pages
...833. In Richmond & DR Co. v. Powers, 149 US 43, at page 45 the court said : "It is well settled that where there is uncertainty as to the existence of...arises from a conflict in the testimony, or because the facts being undisputed, fairminded men will honestly draw different conclusions from them." 3.... | |
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