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" Appellant contends that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence. "
The South Western Reporter - Page 274
1906
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 101

Alabama. Supreme Court - Law reports, digests, etc - 1895
...complaint. We are of opinion the court charged the jury too favorably for the defendant, when it declared, as a matter of law that plaintiff was guilty of contributory negligence. We think under one phase of the evidence, the [Louisville & Nashville Railroad Co. v. Hurt.] jury might...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 100

Alabama. Supreme Court - Law reports, digests, etc - 1895
...negligence. On the last trial, from which this appeal is prosecuted, the trial court charged the jury as a matter of law, that plaintiff was guilty of contributory negligence, and the correctness of this charge involves the material question at issue. All the evidence upon this...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 167

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 - 1912
...question, that plaintiff did not try to beat the engine across the crossing, the court could not say, as a matter of law, that plaintiff was guilty of contributory negligence for so doing. Id. 3. Nor did the court err in modifying a request of defendant that if plaintiff whipped...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 169

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 - 1912
...the most favorable construction for the plaintiff, we cannot agree with the trial court in holding as a matter of law that plaintiff was guilty of contributory negligence. The court evidently construed his testimony quoted as showing no care for his safety. A careful reading...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 88

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 - 1892
...by this record respecting plaintiff's conduct were not such as to warrant the court in determining as a matter of law that plaintiff was guilty of contributory negligence. That matter should have been submitted to the jury. Respecting defendants' negligence, the act which...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 158

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 - 1910
...amount to a promise to repair, upon which the plaintiff had a right to rely. Neither can it be affirmed, as a matter of law, that plaintiff was guilty of contributory negligence without entirely depriving him of the protection afforded by the master's temporary assumption of the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 128

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 - 1902
...that the position of the defendant is unsound, for two reasons: First, I dp not think it can be held, as a matter of law, that plaintiff was guilty of contributory negligence ; second, plaintiff's negligence, if contributors', was not so connected with his injury as to bar...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 174

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 - 1913
...to this court for review, chiefly upon the ground that the undisputed testimony clearly establishes, as a matter of law, that plaintiff was guilty of contributory negligence, and a verdict should therefore have been directed for defendant. It is conceded by defendant's counsel...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 161

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 - 1910
...think it necessary to discuss groups 2 and 3 further than to say that we do not think it can be said, as a matter of law, that plaintiff was guilty of contributory negligence 1910] DEARY v. HECLA Co. 683 in failing to discover the absence of the cotter pin so soon after the...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 141

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 - 1906
...152 Mo. 382. We think the charge to the jury required too high a standard of care. 2. Can it be said as a matter of law that plaintiff was guilty of contributory negligence ? This contention of the defendant is based upon the claim that plaintiff knew all about the conditions...
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