...contributed to the injury, and that, there being no dispute as to the facts, the question vras one of law for the court and not of fact for the jury. Ordinarily the question of negligence is one of mixed law and fact, and it is the duty of the court...

...Foster v. Mackuinon, LR, 4. CP 704. It was, however, contended that this question involved a matter of law for the Court, and not of fact for the jury. In either aspect the question would seem to have been rendered immaterial by the finding that the plaintifl's...

...contract are unambiguous the general rule is, that the question is one of construction, and therefore one of law for the Court and not of fact for the jury: 2 Benj. on Sales, pp. 884-887, 1024 (4th Am. ed.) ; Bowes v. Shand, 2 App. Cases, 455. Granting that...

...court. Whether the records offered in evidence legally show the establishment of a road, is a question of law for the court, and not of fact for the jury. Ibid. 46. Road record. That (he petition for a road is not in evidence, constitutes no objection to...

...THE COURT. — As a general rule, the question whether a particular weapon is deadly or not is one of law for the court and not of fact for the jury. Id. 13. JEOFARDY — WHEN IT DOES NOT ATTACH. — When the verdict in a criminal case is so defective...

...of value upon the undisputed ' facts of the agreement, and of the silence of the plaintiffs, was one of law for the court, and not of fact for the jury, and that silence only as to value amounted to such an imposition upon the defendant as would relieve...

...towing it, so us to make them the servants of the owners of the tug. Held, error. The question was one of law for the court and not of fact for the jury. Judgment below reversed. Arctic Fire Ins. Co. v. Anilin. Opinion by Allen, J. 2. Respondent superior...

...mistake, if they should think the difference very great. If it was sufficient of itself, it was a question of law for the court, and not of fact for the jury. There was no evidence besides the deed to show fraud in Kreiter or mutual mistake of the parties. The...

...towing it, so as to make them the servants of the owners of the tug. Held, error. The question was one of law for the court and not of fact for the jury. Judgment below reversed. .Arctic fire Ins. Co. v. Austin. Opinion by Allen, J. 2. Respondent superior...

...the facts, the questions of reasonable or unreasonable time, or delay, or diligence, are questions of law for the court, and not of fact for the jury. The following cases are referred to: Ellis v. Paige, 1 Pick., 43; SC, 2 Id., 71, 77, note; Gilbert...