 The judge has a certain duty to discharge, and the jurors have another and a different duty. 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...  Canadian Railway and Transport Cases - Pàgina 2611916Visualització completa - Sobre aquest llibre
 | 1892 - 554 pàgines
..."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."... | |
 | 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 pàgines
...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... | |
 | 1889 - 794 pàgines
...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... | |
 | Sir Arthur Underhill - 1878 - 370 pàgines
...judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established...those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration of justice,... | |
 | 1879 - 924 pàgines
...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... | |
 | Nathaniel Cleveland Moak - 1880 - 914 pàgines
...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...those facts, when submitted to them, negligence ought to be inferred. It is, in my opinion, of the greatest importance in the administration of justice that... | |
 | Edward Lillie Pierce - 1881 - 684 pàgines
...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... | |
 | Edmund B. Ivatts - 1883 - 1168 pàgines
...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.... | |
 | 1916 - 1326 pàgines
...Judge has a certain " duty to discharge, and the jurors have another and a different " duty. The Judge has to say whether any facts have been " 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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