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" ... a new trial, on the ground that it should have been left to the jury to... "
Reports of Cases Argued and Determined in the Court of Common Pleas, and ... - Page 641
by Great Britain. Court of Common Pleas, Peregrine Bingham - 1831
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 1

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 534 pages
...view taken by the Lord Chief Baron at the trial. It has been contended that that is erroneous, and that it should have been left to the jury to say whether there was any such implied contract. I think it was not a question for the jury at all. It is true...
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The Upper Canada Law Journal and Municipal and Local Courts' Gazette, Volume 4

Law - 1858 - 640 pages
...was admitted, but it was contended at Nisi Prius, and held by the Court upon motion for a new trial, that it should have been left to the Jury to say whether these circumstances were not sufficient to shew that the assignment was made not merely to secure the...
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Reports of cases argued and determined in the Supreme court of New ..., Volume 2

John Campbell Allen - 1858 - 732 pages
...the land. 10. That the evidence of John Steves was improperly rejected, as he was not interested. 11. That it should have been left to the jury to say whether the substance was coal or asphaltum. In Easter term last, the Attorney General, Gray, Johnson and AL...
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The Law of Torts Or Private Wrongs, Volume 1

Francis Hilliard - Torts - 1859 - 594 pages
...jury found a verdict for the plaintiff: the Court refused to grant a new trial, which was moved for on the ground, that it should have been left to the jury to say, whether under all the circumstances the accident was unavoidable, or occasioned by the negligence of the defendant.1...
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A Selection of Leading Cases on Mercantile and Maritime Law: With Notes

Owen Davies Tudor - Commercial law - 1860 - 934 pages
...verdict for an average loss, subject to a reference to determine its amount, the Court would not grant a new trial, on the ground that it should have been left to the jury to determine whether the expenses of the sale of the damaged cargo should be borne by the underwriters...
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Arnould on the Law of Marine Insurance, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 pages
...an action on a policy, the jury had found a verdict for an average loss, the Court would not grant a new trial, on the ground that it should have been left to the jury to determine whether these extra charges of the damaged sales should be borne by the underwriter...
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A Treatise on the Law of Real Property

Anson Bingham - Estates (Law) - 1868 - 720 pages
...judges. They charge Mr. Justice Grose with having differed from his associates, and to have decided that "it should have been left to the jury to say whether the defendants were in fact possessed of the premises." The fact is evident, from his opinion, that...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 43

Great Britain. Courts - Law reports, digests, etc - 1869 - 1144 pages
...and a verdict was accordingly entered for the defendant. Bampas, Serjt., had applied for a rule for a new trial, on the ground that it should have been left to the jury, that the defendant's admission dispensed with direct evidence of notice ; and also that the verdict...
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A Treatise on the Validity of Verbal Agreements: As Affected by ..., Volume 1

Montgomery Hunt Throop - Frauds, Statute of - 1870 - 852 pages
...defendant, the cause came on to be heard upon exceptions to the ruling. The judgment was reversed, on the ground that it should have been left to the jury to say, whether the contract with Upson had been wholly abandoned by the plaintiff or not ; and whether the defendant's...
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Albany Law Journal, Volume 37

Law - 1888 - 556 pages
...be repaired with old boards some time previous, and was present when such repairs were made. Held, that it should have been left to the jury to say whether defendantknew of the defective covering, and tbe danger there from, and had neglected to inform plaintiff...
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