 | John Scott, Great Britain. Court of Common Pleas - 1865 - 566 lehte
...important to keep in mind in all these cases, viz., that, where the evidence given is equally consistent with the existence or non-existence of negligence,...competent to the Judge to leave the matter to the jury. It was further contended that there was evidence to warrant the jury in coming to the conclusion that... | |
 | 1865 - 538 lehte
...now appealed. Field, QC (Murphy with him). The rule is, that where the evidence is equally ronsistent with the existence or non-existence of negligence, it is not competent to the Judge to leave ti» matter to the jury, Cotton v. Wood, 8 С. В. (и. в.) 568. And where it is equally consistent... | |
 | Sir William Thomas Charley - 1867 - 256 lehte
...law of evidence of the first importance, that, where the evidence is equally consistent with either view, with the existence or non-existence of negligence,...leave the matter to the jury. The party who affirms the negligence has altogether failed to establish it.i The same evidence is required to establish negligence... | |
 | Great Britain. Court of Exchequer - 1868 - 778 lehte
...adverted to by Williams, J., in Cotton v. W 'ood (c), that, where the evidence is equally consistent with the existence or non-existence of negligence, it is not competent to the Judge to leave the question to the jury. But, inasmuch as packing cases do not usually fall of them(a) 2 H. & C. 722.... | |
 | 1869 - 370 lehte
...fully eatahlished in all the courts, viz., that, where the evidence ie equally consistent with either view, with the existence or non-existence of negligence,...competent to the judge to leave the matter to the jury. A still stronger caяe is that of C'trfler v. Metropolitan Railway Company, 1 L. Rep. C. P. 300, where... | |
 | Great Britain. Courts - 1871 - 552 lehte
...fully established in all the courts, viî. that, where the evidence is equally consistent with either view, — with the existence or non-existence of negligence,...That is a rule which ought never to be lost sight of. The rest of the court concurring, Rule absolute. *574] *GORSUCH v. CREE and Another. May 30. The declaration... | |
 | Melville Madison Bigelow - 1875 - 808 lehte
...important to keep in mind in all these cases, viz., that where the evidence given is equally consistent with the existence or non-existence of negligence,...competent to the judge to leave the matter to the jury. It was further contended, that there was evidence to warrant the jury in coming to the conclusion,... | |
 | New Zealand - 1877 - 428 lehte
...that there has been a breach of that duty. Moreover, if the evidence is equally consistent with either view — with the existence or non-existence of negligence...competent to the Judge to leave the matter to the jury. (Toomey v. London, Brighton, and South Coast Railway Co., 3 CB, NS, 140; Cotton v. Wood, 8 CB, NS,... | |
 | 1917 - 2042 lehte
...consistent with either view — the existence or nonexistence of negligence — it is not competent for the Judge to leave the matter to the jury. The party who allirms the negligence has failed to establish it. Tins is a rule which never ought to be lost sight... | |
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That, where the evidence Is equally consistent with either view,— with the existence or nonexistence of negligence, — it is not competent to the Judge to leave the matter to the Jury. The party who affirms negligence has altogether failed to establish... 
