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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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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 144

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 - 1907
...of testimony tending to establish its truth. Under this state of facts we think it cannot be said, as a matter of law, that plaintiff was guilty of contributory negligence. See Palmer v. Railroad Co., 56 Mich. 1; Ryan v. Railway Co., 123 Mich. 597; Smith v. Railroad Co.,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 203

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 - 1919
...counsel argues that plaintiff should have driven into that space and stopped. We do not think we can say as a matter of law that plaintiff was guilty of contributory negligence for not driving on to the side track or into the space between the west-bound track and side track...
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Albany Law Journal, Volume 38

Law - 1889
...been submitted to a jury, and that a direction for a nonsuit was improper, as it could not be said, as a matter of law, that plaintiff was guilty of contributory negligence. June 26, 3888. Blaiser v. Kew York, LE & WR Co. Opinion per Curiam. RELIGIOUS SOCIETIES —CONTRACTS...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 95-96

Law reports, digests, etc - 1899
...flagman was on the top of a car at or near the rear end of the train. Held, that the court could not say, as a matter of law, that plaintiff was guilty of contributory negligence in failing to stop, look, and listen, but that the question was one of fact for the jury, to be determined...
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The Pacific Reporter, Volume 134

Law reports, digests, etc - 1913
...action which was fully supported by the evidence. [6] II. Appellant contends that the evidence shows, as a matter of law, that plaintiff was guilty of contributory negligence. We cannot so regard it. "It is only where no fact Is left in doubt, and no deduction or inference other...
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Atlantic Reporter, Volume 94

Law reports, digests, etc - 1915
...the ladder was discoverable if proper inspection or tests had been made. [5] The court could not say, as a matter of law, that plaintiff was guilty of contributory negligence, although a servant assumes all obvious risks, incident to his employment, if the work or appliance...
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The Southern Reporter, Volume 13

Law reports, digests, etc - 1894
...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 jury might have found that plaintiff was not guilty of...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 26

Law reports, digests, etc - 1887
...that circumstance that the question was one of fact for the jury. The court could not properly rule as a matter of law that plaintiff was guilty of contributory negligence at the instant the injury came upon him. We think it was not unreasonable for plaintiff to assume that...
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The New York Supplement

Law reports, digests, etc - 1905
...defendant, might properly alight and attempt to make the transfer where she did. Neither could it be said as a matter of law that plaintiff was guilty of contributory negligence because she passed in the rear of the car from which she allighted instead of in front thereof. The...
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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - Law reports, digests, etc - 1912
...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...
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