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There was evidence that the engineer made no special observation of the
manhole and that no warning was given decedent . There was also evidence that
decedent came out of the manhole in response to a signal of a fellow - employe .
Under the law as laid down by the cited case , therefore , and which is controlling
upon us , the present case comes within the federal statute . The second ground
upon which the motion was rested was that there was no evidence which would ...
... can be so certified to the Supreme Court . A question whether or not , on the
whole case , there was any evidence of fraud in the execution of a release ,
which should have been submitted by the trial court to the jury for their
At the close of the case the defendant moved for the direction of a verdict upon
the ground that there was no evidence which would justify the jury in finding that
there was fraud in the execution of the instrument . The court withheld action
The fact that until within a day or two of the expiration of the ticket the mistake had
not been noticed by the defendant ' s conductors , whose duty it was to detect
such mistakes , is somewhat eloquent evidence that it was a question of fact for ...
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