 | 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 - 1917 - 806 pages
...matter of law, which intent actuated the employee in firing upon the persons who assaulted him; the question was one of fact and should have been submitted to the jury. Id. 16. Any act done through lack of judgment, discretion, or from infirmity of temper or under the... | |
 | 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 - 1891 - 780 pages
...with an attorney. If these circumstances, or any others, had the tendency claimed, it was a question of fact, and should have been submitted to the jury. It is also urged in favor of the judgment for defendant that the plaintiffs have the notes, and did not offer... | |
 | South Carolina. Court of Appeals, J. S. G. Richardson - 1855 - 522 pages
...meant? He must pay it. The question whether Cobb had wasted the estate after the date of the bond, was one of fact, and should have been submitted to the jury. If he had the money, or securities for its payment, at the date of the bond, then the waste has been... | |
 | 1877 - 682 pages
...defendant. Albert Stickney, for applt. Frank Loomis, for respt. Held, error ; the question of negligence was one of fact, and should have been submitted to the jury; that the disappearance of the portmanteau, without any account of the cause thereof, was prima facie... | |
 | 1894 - 2074 pages
...honestly draw the same conclusion from it. If it cannot, then the question of contributory negligence was one of fact, and should have been submitted to the jury, as was done by the trial court. In Dunlap v. Eailroad Co., 130 TJ. S. 652, 9 Sup. Ct. 647, the supreme... | |
 | 1920 - 1206 pages
...Civ. App. 74, 48 SW 537. The issue of whether the 200 acres of land was the homestead of plaintiff was one of fact and should have been submitted to the Jury. [3] The second assignment questions the correctness of the trial court's action in quashing plaintiff... | |
 | 1887 - 1046 pages
...the defendants. Jle/d, that this was error, and that whether the sale was fraudulent as to creditors was one of fact, and should have been submitted to the jury under proper instructions. 2. SAME. In such a case, the propriety of submitting the question of fraud... | |
 | 1890 - 1098 pages
...premises in the year 1888, under a written lease which expired May 1, 1889, at an annual rent of 81,800. The plaintiff seeks to recover rent for the year commencing...the 1st of May were legal holidays, and that on the 2d of May, by reason of the civic procession, they were unable to cross Broadway with their trucks,... | |
 | 1912 - 1298 pages
...plaintiff. Whatever our opinion may be as to which version of the transaction is to be believed, the question was one of fact, and should have been submitted to the jury. The judgment should therefore be reversed, and a new trial granted, with costs to appellant to abide... | |
 | 1890 - 1086 pages
...which expired May 1, 1889, at an annual rent of $1,800. The plaintiff seeks to recoverVentfor tlie year commencing the 1st of May, 1889, on the ground...premises before the 1st of May, 1889, and that the 80th of April and the 1st of May were legal holidays, and that on the 2d of May, by reason of the civic... | |
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The question was one of fact, and should have been submitted to the jury. It is not material that the workman's blood vessels were weakened by disease, or that he was predisposed to hemorrhage because, for example, he had breathed the dust' of the sacking... 
