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" different duty. The Judge has to say whether any facts have been established by evidence from which negligence may be reasonably inferred ; the jury has to say whether from those facts, when submitted to them, negligence ought to be inferred. It is, in... "
The Law Journal Reports - Page 303
1878
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A Summary of the Law of Torts, Or, Wrongs Independent of Contract

Sir Arthur Underhill - Torts - 1878 - 370 pages
...have been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether from those facts, when submitted to...importance in the administration of justice, that these separate functions should be maintained, and should be maintained distinct. It would be a serious...
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Reports of Cases Decided in the Court of Appeal, Volume 3

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - Law reports, digests, etc - 1879 - 718 pages
...the Judge must say whether negligence may be reasonably and legitimately inferred, the jurors have to say whether from those facts, when submitted to them, negligence ought to be inferred. Even assuming that there was an unreasonable delay in keeping the first train and cars across the street,...
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The Southern Law Review, Volume 4

Law - 1879 - 924 pages
...best conserved by maintaining intact the respective functions of the judge and jury. The judge must say whether any facts have been established by evidence from which negligence may reasonably be inferred. If so, he shall submit the evidence to the jury to say if it ought to be inferred—-he...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 24

Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...judge has a certain duty to discharge, and the jurors have another and a different duty. The judge lias to say whether any facts have been established by...which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred....
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A Summary of the Law of Torts Or, Wrongs Independent of Contract

Arthur Underhill - Torts - 1881 - 372 pages
...have been established by evidence from which negligence may be reasonably inferred; the jurors have to say whether from those facts, when submitted to...importance in the administration of justice, that these separate functions should be maintained, and should be maintained distinct. It would be a serious...
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Reports of cases determined by the Supreme court of New Brunswick: New ...

New Brunswick - 1882 - 670 pages
...a case of this description. The judge has a certain duty to discharge and the jury has another and different duty. The judge has to say whether any facts...submitted to them, negligence ought to be inferred. It is my opinion of the greatest importance in the administration of justice that those separate functions...
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Reports of Cases Decided in the Court of Appeal, Volume 7

Ontario. Court of Appeal, James Stewart Tupper, Richard Scougall Cassels - Law reports, digests, etc - 1883 - 858 pages
...case of negligence, which he was then considering, for the principle must be the same in all cases, " the Judge has to say whether any facts have been established by evidence from which a liability upon one or other of the grounds contended for may be reasonably inferred. The jurors have...
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The Philosophy of Common Law: A Primer of Legal Principles Illustrated by a ...

Herbert Broom - Common law - 1883 - 360 pages
...facts have been established by evidence from which negligence may be reasonably inferred. The jury have to say whether from those facts, when submitted to them, negligence ought to lie inferred. It is, in my opinion, of the greatest importance in the administration of justicethat...
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The Law and Medical Men

Robert Vashon Rogers - Dentistry - 1884 - 240 pages
...to satisfy the jury that the fact sought to be proved is established. As Lord Cairns once put it, " The Judge has to say whether any facts have been established...which negligence may be reasonably inferred, the jury have to say whether from these facts, when submitted to them, negligence ought to be inferred." It...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 109

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1884 - 836 pages
...evidence, from which negligence can be reasonably and legitimately inferred; and it is for the jury to say whether from those facts when submitted to them, negligence ought to be inferred. Metropolitan Railway Co. v. Jackson, 3 App. Cas. 193. Tried by this test, there was no sufficient evidence...
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