 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1883 - 820 pages
...Clark v. Peabody, 22 Me. 530; Fiske v. Homes, 41 id. 442 ; Gorham v. Gale, 7 Cow. 737.) It was properly a question of fact for the jury, as to whether or not the company had affirmed or disaffirmed the policies with these clauses in them. (Ritch v. Smith, 82... | |
 | Law reports, digests, etc - 1909 - 1336 pages
...negligently maintained, the appellant could not relieve itself of liability on that ground. It was a question of fact for the jury as to whether or not this particular crossing was negligently maintained. Railway companies must obey the requisites of... | |
 | Law reports, digests, etc - 1919 - 1076 pages
...he replied, "When I heard of it, I just know it was some joy ride." This was sufficient to make it a question of fact for the jury as to whether or not the defendant believed, at the time he instituted the proceeding (assuming that it was instituted by... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1038 pages
...SornoiKNor OF. — Where a vendee of personal property employs the vendor aa a laborer thereon, it is a question of fact for the jury as to whether or not there has been a sufficient delivery: Baaunger v. Spate, 128 Pa. St. 624; 15 Am. St. Rep. 692, and... | |
 | Byron Kosciusko Elliott, William Frederick Elliott - Evidence (Law). - 1905 - 954 pages
...his own life to be in danger from the deceased.128 So where a plea of self-defense is set up, it is a question of fact for the jury as to whether or not defendant could have safely retreated.180 And the question whether an injury was accidentally self-inflicted... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 880 pages
...Under the circumstances of this case, tested by this principle of law, is was essentially a quest ion of fact for the jury as to whether or not plaintiff...proprieties and niceties usually demanded of passengers ii alighting from trains certainly need not be observed to their full extent. Under those circumstances... | |
 | Alfred Gandy Reeves - Real property - 1909 - 926 pages
...the proper occupation to establish an adverse holding, it is often a difficult question, sometimes a question of fact for the jury, as to whether or not the claimant has done enough to prove his dominion over the property and to show a claim of ownership.2... | |
 | Texas. Court of Civil Appeals - Law reports, digests, etc - 1910 - 764 pages
...were negligently maintained the appellant could not relieve itself of liability on that ground. It was a question of fact for the jury as to whether or not this particular crossing was negligently maintained. Railway companies must obey the requisites of... | |
 | James Smith McMaster - 1908 - 800 pages
...opinion that there were sufficient suspicious circumstances connected with the transaction to make it a question of fact for the jury as to whether or not the plaintiff did not in fact authorize the drawing of the check for the full amount which it called... | |
 | Thomas Hasset Ray - Buildings - 1914 - 884 pages
...rested upon the non-payment of the September and October estimate, we think that there would have been a question of fact for the jury as to whether or not the delay was unreasonable, but as to the November estimate we are of the opinion that as a matter... | |
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Under the circumstances of this case, tested by this principle of law, it was essentially a question of fact for the jury as to whether or not plaintiff was justified, in view of all the surrounding conditions, in jumping from the train. 
