| Ohio. Courts - 1918 - 646 páginas
...a verdict should be directed for the defendant. Whether or not the evidence so tends is a question of law for the court, and not of fact for the jury." Under pressure of hurried disposition of cases, correct conception of the rule of proximate cause and... | |
| 1918 - 452 páginas
...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."... | |
| 1899 - 806 páginas
...danger superior to those of the master. In such a state of the evidence as this, the question was one of law for the court, and not of fact for the jury. i 34 CCA 550. The evidence was so conclusive that it would have been the clear duty of the court below,... | |
| Missouri. Supreme Court - 1920 - 900 páginas
...written notice served on the mayor of the city and the determination of its legal force is a question of law for the court and not of fact for the jury. (2) The term, "on or about," coupled with March 27, 1914, could refer to March 27, 1914, alone, and... | |
| 1925 - 342 páginas
...as to evince an intent on the part of the insured to defraud the insurer, the question becomes one of law for the court and not of fact for the jury. Riley v. Aetna Insurance Co. 80 W. Va. 236. LELAND H. NOTNAGEL. NEGLIGENCE — LIABILITY TO TRESPASSERS... | |
| California - 1921 - 1074 páginas
...The question of materiality of evidence, no matter when or at what time it may arise, is always one of law for the court, and not of fact for the jury. — People v. Lern You, 97 Cal. 224, 228, 32 Рас. 11; United States v. Singleton, Б4 Fed. 488.... | |
| 1922 - 1096 páginas
...plaintiff's reply to the counterclaim, and, if there was evidence of waiver, waiver was a question of law for the court, and not of fact for the jury. [1, 2] In view of the circumstances at the trial from which it appears that objection to evidence showing... | |
| 1925 - 336 páginas
...as to evince an intent on the part of the insured to defraud the insurer, the question becomes one of law for the court and not of fact for the jury. Rttey v. Aetna Insurance Co. 80 W. Va. 236. LKLAND H. NOTNAGEL. NEGLIGENCE — LIABILITY TO TRESPASSERS... | |
| James Patterson McBaine - 1927 - 1074 páginas
...evidence, no disputed facts, nor any doubt upon the evidence or inferences to be drawn from it, is one of law for the court, and not of fact for the jury. Heyne v. Blair, 62 NY 19; Hazzard v. Flury, 120 NY 223, 24 NE 194; Wass v. Stephens, 128 NY 123 28... | |
| John Allen Finch - 1917 - 652 páginas
...the trial as to plainly evince intent on his part to defraud the insurer, the question becomes one of law for the court and not of fact for the jury, and defendant is entitled to an instructed verdict in his favor. [Judgment for plaintiff below. Here... | |
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