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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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The Northampton County Reporter, Volume 17

Law - 1921
...what occurred, only a jury could pass upon the defendant's negligence. We are also asked to declare as a matter of law, that plaintiff was guilty of contributory negligence. We followed Weaver vs. Pennsylvania RR Co., 212 Pa. St., 632, in our charge, and instructed the jury that...
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Second Decennial Edition of the American Digest: A Complete ..., Volume 17

Law reports, digests, etc - 1921
...614. ilnd.App.1913) If a complaint for negligent injury does not aver facts affirmatively showing, as a matter of law, that plaintiff was guilty of contributory negligence, it cannot be held insufficient as disclosing a defense.— Pittsburgh, C., C. & St. L. Ry. Co. v. Cottman,...
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The Law of Automobiles

Xenophon Pearce Huddy - Automobiles - 1922 - 1348 pages
...under the influence of liquor, and that plaintiff knew it. But from that it does not necessarily follow as a matter of law, that plaintiff was guilty of contributory negligence or that he assumed the risk of injury by complying with defendant's order and direction to accompany...
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Reports of Cases Determined by the Supreme Court of the State of ..., Volume 292

Missouri. Supreme Court - Law reports, digests, etc - 1923
...in the petition. In view of the facts disclosed by the record, this court would not be justified in declaring, as a matter of law, that plaintiff was guilty of contributory negligence at the time and place of his injury. [Williamson v. Light & Power Co., 281 Mo. 1. c. 550, 219 SW 1....
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The New York Supplement

Law reports, digests, etc - 1925
...defendant could not be held to have failed in a duty not delegable. [12] We do not think it can be said as a matter of law that plaintiff was guilty of contributory negligence. We have examined the authorities cited by the appellant, particularly Tucker v. NYC & HRR Co., 124 NY...
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The Central Law Journal, Volume 96

Law - 1923
...plaintiff to permit his daughter to drive the car when lie was with her, and It could not be said, as a matter of law, that plaintiff was guilty of contributory negligence, because the daughter was in control of the brakes, clutch, and gas while plaintiff took the wheel,...
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The Northeastern Reporter, Volume 59

Law reports, digests, etc - 1901
...carried ob- . strueted his view of his footsteps. Did these facts authorize the trial court to hold, as a matter of law, that plaintiff was guilty of contributory negligence? We think not Ordinarily the question of contributory negligence is one of fact. Weber v. Railroad Co.,...
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The Lehigh County Law Journal: Containing Cases Decided in the ..., Volume 7

Law - 1918
...ran one hundred and thirty-five feet after it struck before it came to a stop. Could the court say as a matter of law that plaintiff was guilty of contributory negligence? In Clift v. Phila. and WC Co., 52 Pa. Sup Ct., Page 502, where the plaintiff looked for the approach...
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The Southern Reporter, Volume 14

Law reports, digests, etc - 1894
...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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The Miscellaneous Reports: Cases Decided in the Inferior Courts ..., Volume 10

Law reports, digests, etc - 1895
...he was unable to stop the car until it reached the plaintiff. Held, that it could not 822 be said, as a matter of law, that plaintiff was guilty of contributory negligence in assuming that he could walk that distance before the car reached him, nor that the driver did all...
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