| 1918 - 1300 páginas
...have done was properly submitted to the jury. Under all the evidence, it was not reversible error to submit to the jury the question of contributory negligence on the part of the plaintiff. Each case must be governed by its own peculiar facts, and a rational rather than distinctively... | |
| 1922 - 1114 páginas
...v. CGW Ry. Co., 135 Minn. 229, 160 NW 787. [2] Defendant insists that the court erred in falling to submit to the jury the question of contributory negligence on the part of plaintiff, and in impliedly eliminating that question by the charge. The claim of contributory negligence... | |
| 1902 - 1052 páginas
...evidence in the case tending to show that the plaintiff was guilty of negligence, or that required the court to submit to the jury the question of contributory negligence. Therefore the matters covered by the sixth and seventh assignments of error are irrelevant. While the... | |
| 1916 - 1142 páginas
...prejudicial error in allowing the jury to consider the case in that aspect. [2-4] And it was proper, also, to submit to the jury the question of contributory negligence on the part of the intestate. There was evidence tending to show that the driver of the automobile looked and listened... | |
| Minnesota. Supreme Court - 1920 - 648 páginas
...South. 569. Defendant is not shown to have been prejudiced by the ruling. 2. There was no error in the refusal of the court to submit to the jury the question of manslaughter in the first degree. Though defendant requested the submission of that issue, the defense... | |
| 1928 - 1182 páginas
...incidental and did not in any manner contribute to cause the accident. Other assignments are presented to the refusal of the court to submit to the jury the following issues which were duly requested : "No. 1. Was the deceased, WF Hogan, at the time of the... | |
| John Milton Gardner, Walter James Eagle - 1903 - 890 páginas
...time. Errors are predicated upon the overruling of the demurrer to the evidence of plaintiff, and upon the refusal of the court to submit to the jury the question of contributory negligence of the plaintiff, neither of which is of sufficient importance to require of us more than to say that,... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1904 - 994 páginas
...time. Errors are predicated upon the overruling of the demurrer to the evidence of plaintiff, and upon the refusal of the court to submit to the jury the question of contributory negligence of the plaintiff, neither of which is of sufficient importance to require of us more than to say that... | |
| Minnesota. Supreme Court - 1906 - 620 páginas
...Negligence on her part would depend on the speed at which the car was going. But it was proper for the court to submit to the jury the question of contributory negligence, defendant having tried the case upon that line of defense. While that portion of the charge excepted... | |
| Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1912 - 1046 páginas
...Moseley, 84 Kan. 322, 114 Pac. 374.) The defendants now appeal from a new award. Complaint is made of the refusal of the court to submit to the jury the question whether the cattle which the plaintiffs offered to deliver to the defendants were of the kind or grade... | |
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