 | 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 - Law reports, digests, etc - 1918 - 854 pages
...brake was applied by the men in the operation of it. In that connection I charge you, gentlemen of the jury, as a matter of law that it was the duty of the Ann Arbor Railroad Company to furnish a hand car with brakes sufficiently efficient to be reasonably... | |
 | Law - 1878 - 540 pages
...value of the services Is denied and a counterclaim for damages for malpractice is set up, it is proper for the court to instruct the jury, as a matter of law, that the plaintiff was a competent surgeon. 2. In an action fora surgeon's fee, where the value of... | |
 | California. Supreme Court - Law reports, digests, etc - 1875 - 676 pages
...was a voluntary unconditional payment. Frank v. Hrady, 47. 2. IDEM. — In such case, it was proper for the Court to instruct the jury, as a matter of law, to find for the plaintiff, in the absence of evidence showing a legal or moral obligation on the part... | |
 | Law reports, digests, etc - 1882 - 634 pages
...in Bouvier's Law Dictionary, vol. ii. p. 555. In view of the foregoing state of facts, it was error for the Court to instruct the jury as a matter of law that McMurtry was a subscribing witness to the paper, and that proof of his signature was proof of... | |
 | Electronic journals - 1878 - 542 pages
...value of the services is denied and a counter-claim for damages for malpractice is set up, it is proper for the court to instruct the jury, as a matter of law, that the plaintiff was a competent surgi on. 2. In an action for a surgeon's fee, where the value of... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1882 - 962 pages
...its employees or agents, the verdict should be for plaintiff. This instruction in effect tells the jury, as a matter of law, that it was the duty of the defendant to station a watchman at the crossing if they believed that such crossing was unusually dangerous... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 762 pages
...against a railway company, for damages for the death of plaintiff's intestate, the defendant asked the court to instruct the jury, as a matter of law, that it was not under obligation to furnish the deceased, a shipper of stock, witli transportation from the... | |
 | Law reports, digests, etc - 1920 - 1206 pages
...drawn from the evidence. It was therefore error for the court under these circumstances to charge the jury as a matter of law that it was the duty of Mrs. Harrell to keep a lookout; but this error of law would not warrant the trial court in rendering... | |
 | Frederick Sackett, Martin L. Newell - Instructions to juries - 1888 - 836 pages
...of the approaching train, then the jury must find the defendant not guilty. The court instructs the jury, as a matter of law, that it was the duty of the deceased, in approaching the railroad crossing, to have exercised that degree of care and prudence... | |
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It is not competent for the court to instruct the jury, as a matter of law, that... 
