 | 1886 - 546 pages
...may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or other of these conclusions has been drawn by the jury....facts upon which fair-minded men may well differ. See also Bernhardt v. Sensselaer & Saratoga S. Co., 32 Barb. 165; Shear. & Redf. Neg., § 11, and notes... | |
 | 1880 - 554 pages
...evidence must be certain and incontrovertible, or they cannot be decided by the court. Negligence caunot be conclusively established by a state of facts upon which fair-minded men may well differ. Detroit & MR Co. v. Van Steinberg, 17 Mich. 99; Railroad Co. v. Stout, 17 Wall. 657; West Chester &... | |
 | Virginia. Supreme Court of Appeals - 1880 - 1036 pages
...l>« drawn from the evidence must either be certain and Incontrovertible, or they cannot be decided by the court. Negligence cannot be conclusively established...facts upon which fair-minded men may well differ. Idem, 670 PRINCIPAL AND SURETY. 1. In January, 1858, L, as principal, and P, as his surety, executed... | |
 | 1880 - 556 pages
...inference to bo drawn from tho evidence must be certain and incontrovertible, or they cannot be decided by the court. Negligence cannot be conclusively established...facts upon which fair-minded men may well differ. Detroit & MR Co. т. Van Steinberg, 17 Mich. 99; Railroad Co. v. Stout, 17 Wall. C57 ; West Chester... | |
 | Isaac Grant Thompson - 1885 - 944 pages
...may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or other of these conclusions has been drawn by the jury....facts upon which fair-minded men may well differ.' See also Bernhardt v. Rensselaer & Saratoga R. Co., S3 Barb. 165; Shearm. & Redf. Neg., § 11, and... | |
 | 1885 - 1102 pages
...may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or other of these conclusions has been drawn by the jury....conclusively established by a state of facts upon which fair minded men may well differ. See, also, Bernhardl v. Rensselaer <t Saratoga Railroad Co., 82 Barb.,... | |
 | 1886 - 948 pages
...may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or other of these conclusions has been drawn by the jury....facts upon which fair-minded men may well differ." See, also, Bernhardt v. Renssdaer & SR Co. 32 Barb. 165; Shear. & R. Neg. § 11, and notes; Keller... | |
 | 1905 - 1156 pages
...different conclusions, the fact of negligence cannot be determined until one or the other of those conclusions has been drawn by the Jury. The inferences...facts upon which fair-minded men may well differ." In Baltimore, etc., R. Co. v. State, etc., 72 Md. 36, 18 Atl. 1107, 6 LRA 706, 20 Am. St. Rep. 454.... | |
 | 1886 - 1076 pages
...of negligence cannot be determined until one or the other of those conclusions has been drawn by a jury. The inferences to be drawn from the evidence...facts upon which fair-minded men may well differ." COOLEY, CJ, in Detroit & MR Co. v. Van Steinburg, 17 Mich. 123. As there must be a new trial in this... | |
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When the question arises upon a state of facts on which reasonable men may fairly arrive at different conclusions, the fact of negligence cannot be determined until one or the other of these conclusions has been drawn by the jury. The inferences to be... 
