...and that the defendant has proven the truth of these charges substantially as made, then I charge you the plaintiff cannot recover and your verdict must be for the defendant." Fourth. The remaining question is as to the verdict. It is claimed to be excessive, and that the court...

...displaced either by Mrs. Bowdle or by some other passenger, and by hanging caught Mrs. Bowdle's dress, then the plaintiff cannot recover, and your verdict must be for the defendant; that is, if this was done without any negligence on the part of the street-railway company, or any...

...or such as might have reasonably been expected to frighten horses in passing along the highway, then the plaintiff cannot recover, and your verdict must be for the defendant. "The fact that the plaintiff was' injured does not give him the right to recover from the defendant...

...place while the train was moving, then the court instructs the jury that it is the law in this case that the plaintiff cannot recover, and your verdict must be for the defendant, finding it not guilty." The instruction was properly refused for the same reason the peremptory instruction...

...body across one of the rails of the track, and thus lost his life because of a movement of the engine, the plaintiff cannot recover, and your verdict must be for the defendant, 'No cause of action. ' " Xo complaint is made of the charge as given. Complaint is made because the...

...there is nothing here to justify a failure to pay the premiums, and, in consequence of that failure, the plaintiff cannot recover, and your verdict must be for the defendant." The plaintiff excepted to the direction to find a verdict for the defendant; to the reffusal of the...

...the defendant's having complied with the factory act It Is prima facie evidence that the knot saws In question In this case were reasonably and properly...recover, and your verdict must be for the defendant." ТЫэ Instruction was not given, nor did the trial Judge give any other Instruction relating to the...

...defendant is evenly balanced, or that it preponderates in favor of the defendant, then, in that case, the plaintiff cannot recover, and your verdict must be for the defendant,— no cause of action." The Jury •were also told that the defendant was under no obligation to keep...

...manner of alighting from the car, and that his negligence was such that it contributed to his injury, then I instruct you that the plaintiff cannot recover, and your verdict should be for the defendant, because in order that a plaintiff may recover damages in such a case he...

...in the position he was placed in, then he is held to have assumed the risk himself, and in such case the plaintiff cannot recover, and your verdict must be for the defendant. In determining the questions of the Thompson, Adm'r, otc., v. Chicago, M. & St. P. R'y Co. knowledge...