 Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.  The Insurance Law Journal - Page 8961887Full view - About this book
 | Sir John Comyns - 1822 - 604 pages
...carried, is sufficient, without saying how long it remained there, the reasonableness of the time being a question of fact for the jury, and not a question of law for the court. Ibid. On avowry for rent and issue thereon, plaintiff cannot give tvidence to set off a mutual debt... | |
 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - 1830 - 562 pages
...Canton. We have already endeavoured to show that the question, whether he did or did not waive it was a question of fact for the jury, and not a question of law for the court. It is unnecessary to repeat the arguments already offered on this head. We think we may safely conclude... | |
 | Samuel Bealey Harrison - 1835 - 894 pages
...sea-worthy if she have no person on board her besides the captain, who is capable of navigating her, is a question of fact for the jury, and not a question of law to be determined by the judge. Id. As a full complement of men is not necessary in harbour, a ship... | |
 | Patrick Brady Leigh - 1838 - 774 pages
...1011. « Clifford p. Hunter, M. & M. 103. 3 C. & P. 16. (14 Eng. CL 189.) But it was considered to be a question of fact for the jury, and not a question of law to be determined by the judge, whether the not having a sufficient person to manage the ship when the... | |
 | Samuel Bealey Harrison, Frederic Edwards - 1838 - 908 pages
...consequently obliged to deviate from her course to find a person to direct her (6) ; which will be a question of fact for the jury, and not a question of law to be determined by tne judge. A ship is bound also to be furnished with a pilot at all proper places... | |
 | South Carolina. Court of Appeals, William Rice (state reporter.) - 1839 - 564 pages
...sea-worthy if she have no person on board her besides the captain, who ia capable of navigating her, is a question of fact for the jury, and not a question of law to be determined by the judge. — Clifford v. Hunter, M. & M., 103 ; 3 C. & P. 16. As a full complement... | |
 | Archibald John Stephens - 1842 - 998 pages
...seaworthy, if she have no person on board her besides the captain who is capable of navigating her, is a question of fact for the jury, and not a question of law to be determined by the judge. Where a vessel engaged in the southern whale and seal fishery, and with... | |
 | George Ticknor Curtis - 1847 - 490 pages
...implies amounts to a representation of a part of a dramatic or musical composition has been held to be a question of fact for the jury, and not a question of law, in an action founded on this statute ; and where the jury found the unauthorized singing of three songs... | |
 | Robert Henley Eden Baron Henley - 1852 - 770 pages
...What amounts to a representation of a part of a dramatic or musical composition has been held to be a question of fact for the jury, and not a question of law, ¡nan action founded on this statute ; and where the jury found tho unauthorized singing of three songs... | |
 | William Wetmore Story - 1856 - 848 pages
...is liable for gross negligence only. 3 The question, what is gross negligence, is generally a matter of fact for the jury, and not a question of law for the court. 4 It is varied by the nature and value of the bailment, the particular circumstances of each case,... | |
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