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Books Books 1 - 10 of 53 on Under these circumstances no court ought to say, as a matter of law, that he was....
" Under these circumstances no court ought to say, as a matter of law, that he was guilty of contributory negligence in being where he was at the time of his death. "
The South Western Reporter - Page 422
1920
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 156

Michigan. Supreme Court, Harry Burns Hutchins, 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, Herschel Bouton Lazell, Marquis B. Eaton, James M. Reasoner, Richard W. Cooper, Van Buren Denslow, Marshall Davis Ewell, Edgar Arthur Cooley, John L. Stoddard, Edward Gott (A.), Russell Cowles Ostrander - Law reports, digests, etc - 1909
...harm, and that therefore, if he took an observation at this point and drove on, it cannot be said, as a matter of law, that he was guilty of contributory negligence in not continuing to look in that direction the whole distance. It will be noticed that by the plaintiff's...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 33

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, August B. Edler, George L. Nye, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - Law reports, digests, etc - 1908
...had the implied assent of the appellee to make this crossing, •we do not think it can be said as a matter of law that he was guilty of contributory negligence in attempting to make it in the manner appearing from the evidence." The case is somewhat stronger in...
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The Northwestern Reporter, Volume 94

Law reports, digests, etc - 1903
...it to enable him to appreciate his peril and avoid it by the exercise of ordinary care, It must be held, as a matter of law, that he was guilty of contributory negligence, and assumed the risks incident to continuing bis work while the shaft was revolving. If such were the...
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The Pacific Reporter, Volume 49

Law reports, digests, etc - 1897
...not shown that deceased actually knew that the trestle was dangerously low. it could not be said, as a matter of law, that he was guilty of contributory negligence in not getting down from the seat In driving up to the trestle. The very fact that he had so often driven...
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Atlantic Reporter, Volume 93

Law reports, digests, etc - 1915
...part of the plaintiff of the defective character of the footwalk, to justify the court in holding, as a matter of law, that he was guilty of contributory negligence in using it in common with the general public. [2] On the argument of the motion for judgment nov, the...
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Atlantic Reporter, Volume 60

Law reports, digests, etc - 1905
...appellant had the Implied assent of the appellee to make this crossing, we do not think it can be said, as a matter of law, that he was guilty of contributory negligence in attemptIng to make it in the manner appearing from the evidence. We have repeatedly held that negligence,...
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Atlantic Reporter, Volume 99

Law reports, digests, etc - 1917
...defense. [6] If the foreman had Just Informed plaintiff that everything was all right, we cannot say as a matter of law that he was guilty of contributory negligence In standing where he might be hurt by an explosion. It was necessary for him to be where he could do the...
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The American and English Encyclopedia of Law, Volume 4

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1888
...to his place of work, heedlessly ran onto the track in front of a locomotive, and was killed, it was held as a matter of law that he was guilty of contributory negligence. Nagle v. Allegheny Valley R. Co., 88 Pa. St. 35 ; sc, 32 Am. Rep. 413. And see Dietrich v. Baltimore,...
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2 years transportation progress, Volume 84

Law reports, digests, etc - 1904
...single block, when he was struck by a car from behind ; and the court held that it could not be said, as a matter of law, that he was guilty of contributory negligence. In the case at bar the driver of a wagon after dark, or when it was nearly dark, without a light, steps...
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