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" The judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jurors have to say whether, from those facts when submitted to them, negligence ought to be inferred. "
The Law of Motor Cars, Hackney and Other Carriages: An Epitome of the Law ... - Page 132
by George Albert Bonner, Henry Gatchell Farrant - 1904 - 346 lehte
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Albany Law Journal, 44. köide

1892 - 554 lehte
..."The jndge has a certain duty to discharge, and jurors have another and a different duty. The jndge has to say whether any facts have been established by evidence, from which negligence may reasonably be inferred; the jurors have to say whether, from those facts.negligence ought to be inferred."...
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Reports of Cases Heard and Determined by the Supreme Court of ..., 104. köide

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916 - 634 lehte
...evidence from which negligence can be reasonably and legitimately inferred ; and it is for the jury to say whether from those facts when submitted to them, negligence ought to be inferred." Randall v. Railroad, 109 US 478, 3 Sup. Ct. 322, 27 L. Ed. 1003. It will thus be seen that the rule...
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The Law Magazine and Review: For Both Branches of the Legal Profession at ...

1889 - 794 lehte
...governed, leaving it to you to trace its application in your private studies. It is the duty of the Judge to say whether any facts have been established by...which negligence may be reasonably inferred : the Jury has then to say whether, from those facts, negligence ought to be inferred. So then you have these...
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The Southern Law Review, 4. köide

1879 - 924 lehte
...best conserved by maintaining intact the respective functions of the judge aud jury. The judge must say whether any facts have been established by evidence from which negligence may reasonably be inferred. If so, he shall submit the evidence to the jury to say if it ought to be inferred...
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Reports of Cases Decided by the English Courts: With Notes and ..., 24. köide

Nathaniel Cleveland Moak - 1880 - 914 lehte
...Lordships' bar, any serious controversy as to the principles applicable to a case of this description. The judge has a certain duty to discharge, and the...jurors have another and a different duty. The judge lias to say whether any facts have been established by evidence from, which negligence may be reasonably...
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A Treatise on the Law of Railroads

Edward Lillie Pierce - 1881 - 684 lehte
...action has arisen. Negligence cannot be exclusively a question of fact.5 A high authority has said, " The judge has to say whether any facts have been established...reasonably inferred ; the jurors have to say whether, 1 The disposition of jurie8 in such 38 Iowa, 52; Fernandes v. Sacramento cases against corporations...
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The New Zealand Law Reports, 35. köide

1916 - 1326 lehte
...decision of the House of Lords in Metropolitan Railway Co. v. ./ocfoon(3), where Lord Cairns said, " The Judge has a certain " duty to discharge, and the...established by evidence from which negligence may be reason" ably inferred ; the jurors have to say whether from these " facts, when submitted to them,...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 762 lehte
...unsupported case to the jury. [Authorities.] À high authority expresses the principle in this form: 'The judge has to say whether any facts have been...reasonably inferred. The jurors have to say whether, from these facts when submitted to them, negligence ought to be inferred. The relevancy of evidence, and...
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The Philosophy of Common Law: A Primer of Legal Principles Illustrated by a ...

Herbert Broom - 1883 - 360 lehte
...Judge and the Jury in trials for negligence. " The judge has a certain duty to discharge, and the jury have another and a different duty. The judge has to...been established by evidence from which negligence mai/ iie reasonably inferred. The jury have to say whether from those facts, when submitted to them,...
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - 1883 - 1168 lehte
...Was there at the trial any evidence of this negligence which ought to have been left to the Jury ? A Judge has to say whether any facts have been established...which negligence may be reasonably inferred ; the Jury has to say whether from those facts, when submitted to them, negligence ought to be inferred....
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