 | Arkansas. Supreme Court - Law reports, digests, etc - 1912 - 662 pages
...complained of. Doss v. Missouri, K. &T. Rd. Co., 116 SW (Mo. Ct. of Appeals)', 458. Nor can it be said, as a matter of law, that plaintiff was guilty of contributory negligence in attempting to ride upon the front end of the hand car. It was a place where the employees of the... | |
 | Law - 1944 - 328 pages
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 | Arkansas. Supreme Court - Law reports, digests, etc - 1912 - 666 pages
...ascertained with respect to the peculiar situation of the parties at the time. Nor can it be said, as a matter of law, that plaintiff was guilty of contributory negligence in holding the two cars together. It appears from the testimony of all the witnesses that he was in... | |
 | John Milton Gardner, Walter James Eagle - Employers' liability - 1901 - 800 pages
...that the position of the defendant is unsound, for two reasons: First, I do not think it can be held, as a matter of law, that plaintiff was guilty of contributory negligence; second, plaintiff's negligence, if contributory, was not so connected with his injury as to bar recovery.... | |
 | Railroad law - 1902 - 1024 pages
...that the position of the defendant is unsound, for two reasons: First. I do not think it can be held, as a matter of law, that plaintiff was guilty of contributory negligence; second, plaintiff's negR Cas (NS) Nieboer v. Detroit Electric Railway ligence, if contributory, was... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1904 - 820 pages
...the same, and that he was at said time holding in his left hand a book, then the court instructs you, as a matter of law, that plaintiff was guilty of contributory negligence and can not recover in this action." Eikenberry v. St. Louis Transit Co. BLAND, PJ (after stating the... | |
 | Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1918 - 898 pages
...Sufficiency. — In an action for negligence, where the evidence is such that the court cannot say as a matter of law that plaintiff was guilty of contributory negligence, it is sufficient in that respect to sustain the general verdict for plaintiff. Central Indiana R. Co.... | |
 | 1934 - 450 pages
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 | Law reports, digests, etc - 1907 - 1270 pages
...a verdict In defendant's favor, because of plaintiff's contributory negligence. Can the court say, as a matter of law, that plaintiff was guilty of contributory negligence? That is the only question we are asked to determine. Its determination requires a more complete statement... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1907 - 888 pages
...cars, and the evidence shows that he had not noted their approach, the Court properly declined to hold as a matter of law that plaintiff was guilty of contributory negligence. Bird v. Leather Co., 283. An instruction that Revisal, sec. 2628, does not apply if the plaintiff entered... | |
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Appellant contends that the evidence shows as a matter of law that plaintiff was guilty of contributory negligence. 
