 What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is...  The Northwestern Reporter - Strona 521917Pełny widok - Informacje o książce
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1895 - Liczba stron: 772
...under "proper instructions from the court. It is their province to note the special circumstances aud surroundings of each particular case, and then say...reasonable, prudent men, under a similar state of affairs." Railway Co. v. loes, 144 US 417. The mere fact that deceased thought that the gates were not lowered... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1894 - Liczba stron: 588
...what shall constitute ordinary care, under any and all circumstances. "It is the province of the jury to note the special circumstances and surroundings...whether the conduct of the parties in that case was such ae would be expected of reasonable, prudent men, under a similar state of affairs. When a given state... | |
 | 1907 - Liczba stron: 2094
...relegated the determination of such questions to the jury, under proper instructions from the court. It Is their province to note the special circumstances...a given state of facts is such that reasonable men majfairly differ as to whether there was negligence or not, the determination of the mutter is for... | |
 | 1896 - Liczba stron: 2118
...relegated the determination of such questions to the jury under proper instructions from the court. It is their province to note the special circumstances...parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs." Surely, then, a request that the court would... | |
 | 1905 - Liczba stron: 1104
...relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances...and then say whether the conduct of the parties in the case was such as would be expected of reasonably prudent men under a similar state of affairs.... | |
 | 1911 - Liczba stron: 1164
...relegated the determination of such questions to the Jury under proper Instructions from the court. It Is their province to note the special circumstances...reasonable, prudent men, under a similar state of affairs. It is only where the facts are such that all reasonable men must draw the same conclusion from them... | |
 | 1902 - Liczba stron: 1172
...relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances...parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs." While the Jury is not permitted to apply... | |
 | 1909 - Liczba stron: 1164
...then say whether the conduct of the parties in that case was such as would be expected of reasonably prudent men under a similar state of affairs. When...given state of facts is such that reasonable men may fairy differ upon the question as to whether there was negligence or not, the determination of the... | |
 | 1911 - Liczba stron: 1168
...from them that the drawing of the conclusion is ever considered as one of law for the court ; and, when a given state of facts is such that reasonable men may fairly differ in the conclusion to be drawn therefrom, the determination of the matter is for the Jury, and even... | |
 | 1895 - Liczba stron: 1140
...relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each particular.case, and then say whether the conduct of the partios in that case was such as would be... | |
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