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" At the close of the plaintiff's evidence the defendant asked an Instruction in the nature of a demurrer to the evidence, which was refused, and exception taken. "
The South Western Reporter - Page 196
1906
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The American State Reports: Containing the Cases of General Value ..., Volume 98

Law reports, digests, etc - 1904 - 1122 pages
...At the close of the evidence on the part of plaintiff, and again at the close of all the evidence, defendant asked an instruction in the nature of a demurrer to the evidence which was refused, and the action of the court in this regard is assigned for error. The argument is that since the contract...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1904 - 970 pages
...the close of the plaintiffs' evidence, the defendant asked Campbell v. St. Louis & Suburban Ry. Co an instruction in the nature of a demurrer to the evidence, which the court refused. To the introduction of evidence over defendant's objections, and to the refusal...
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Lawyers' Reports Annotated, Book 69

Law reports, digests, etc - 1906 - 1098 pages
...testimony tending to show that the jar of the collision caused serious injury to the plaintiff. At the close of the plaintiff's evidence the defendant...in the nature of a demurrer to the evidence, which the court refused, and exception was taken. On the part of defendant the testimony tended to prove...
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The American State Reports: Containing the Cases of General ..., Volume 109

Abraham Clark Freeman - Law reports, digests, etc - 1906 - 1124 pages
...to contradict any of the city's testimony as to the actual facts. At the conclusion of the testimony the defendant asked an instruction in the nature of a demurrer to the evidence which was overruled 479 and defendant excepted. He then prayed the court to give the following instructions :...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1906 - 992 pages
...not materially different from that of plaintiff. At the close of all the evidence the defendant again asked an instruction in the nature of a demurrer to the evidence, which was also refused and exception taken. The demurrer to the evidence should have been sustained. Conceding...
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The American State Reports: Containing the Cases of General ..., Volume 114

Abraham Clark Freeman - Law reports, digests, etc - 1907 - 1130 pages
...thought they were either these young men going to the ball game or draymen; he did not know that anyone was on the train with the understanding that he was...passenger. If he is correct in that contention then he 11T is entitled to recover, provided his right of action has not been released, because the stopping...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volume 20

John Milton Gardner, Walter James Eagle - Employers' liability - 1907 - 896 pages
...objection of defendant; the ordinance not having been pleaded. At the close of the plaintiff's case, defendant asked an instruction in the nature of a demurrer to the evidence, which the court refused, and defendant excepted. The court said : " It is negligence for a motorman to run...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volume 7

John Milton Gardner, Walter James Eagle - Employers' liability - 1900 - 884 pages
...stating the facts). — The defendant relies in this court solely upon the refusal of the court to give an instruction in the nature of a demurrer to the evidence, which was interposed at the close of the whole case. This, of course, implies that, conceding the truth of everything...
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The Pacific Reporter, Volume 118

Law reports, digests, etc - 1912 - 1150 pages
...being substantially all tbe evidence, the defendant, at the close of the case of plaintiff, moved for an instruction in the nature of a demurrer to the evidence, which was denied. Plaintiff had judgment, and on appeal defendant raised as error the denial of its motion for...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 161

California. Supreme Court - Law reports, digests, etc - 1912 - 884 pages
...being substantially all the evidence the defendant, at the close of the case of plaintiff, moved for an instruction in the nature of a demurrer to the evidence, which was denied. Plaintiff had judgment and on appeal defendant raised as error the denial of its motion for...
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