...plaintiff and M. and therefore within the Statute of Frauds ; but by Allen, C. J , and Palmer, J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ., (VVetmore, J.,...

...of £100 was found for the Plaintiff, on the appeal case the Court granted a new trial, conceiving that it should have been left to the Jury to say whether or not the driver had been guilty of negligence. Justice Parke said — " There is a wide distinction...

...between plaintiff and M. and therefora within the Statute of Frauds ; but by Allen, CJ, and Palmer. J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ.. (Wetmore, J.,...

...stepped back, and leaned against the counter, whereupon he was assaulted by deceased with a knife. Held, that it should have been left to the jury to say whether the conduct of the defendant, after kicking the deceased, was a withdrawal in good faith from further...

...written agreement. Allan v. Sandias, 1 H. & U. 123; 31 LJ, Exch. 007; 0 LT, NS 359. Held, secondly, that it should have been left to the jury to say whether the agreement to pay commission extended also to the Glasgow. Ib. At the request of M., the defendant,...

...statute, If a belt shifter was not necessary or practicable, then respondent assumed the risk, and that it should have been left to the jury to say whether It was necessary or practicable to provide such a device at the place In question. The Legisla- •...

...sufficient to take the case out of the Statute. This direction was held by the Court to be wrong ; and that it should have been left to the jury to say whether he used the words, he " would not pay " in jest, and without any intention of refusing to pay. In Ball...

...had inspected and approved of them. Judge Casey nonsuited the plaintiff, who appealed. THE COURT held that it should have been left to the jury to say whether the sheep had been disposed of by the defendant or his agents before the plaintiff inspected them,...

...28 NE 140, the plaintiffs were hurt upon places designed and fitted for foot travel. It is contended that it should have been left to the Jury to say whether the platform was the passageway which the defendant had provided for the plaintiff. The* arrangement...

...defendant would be liable for any injury he sustained by reason of the negligence of its servants. Held, that it should have been left to the jury to say whether the train-master had any authority to give the defendant's consent for plaintiff to ride on the car....