...conductor, thereby injuring him as he stood on the running-board of the car, collecting fares, it is the duty of the court to submit the case to the jury. 2. SAME — when street car conductor is not, as a matter of law, guilty of contributory negligence....

...is. Was it error to dismiss the complaint? Or to present the point in another form, was it the legal duty of the court to submit the case to the jury? The rule is familiar and fundamental, that to anthorize a recovery in such nn action as the present, the...

...either to dismiss the complaint, or to direct a verdict for the defendants. Consequentty, it became the duty of the court to submit the case to the jury, and this was done under a charge which so fully and correctly covered all the questions of fact and...

...crossing, and yet that he may have been struck just as he has described. If this be a possibility, it was the duty of the Court to submit the case to the jury, even though the witness's story may be improbable. To quote the language of Mr. Justice FELL, in Callahan...

...the question of proximate or remote cause the evidence is contradictory, or the question is in doubt, then it would be the duty of the court to submit the question to the jury. It is undisputed that Mrs. Pike went out from her house of her own free will,...

...the question of proximate or remote cause the evidence is contradictory, or the question is in doubt, then it would be the duty of the court to submit the question to the jury. It is undisputed that Mrs. Pike went out from her house of her own free will,...

...the court was requested to direct а тегdiet for the defendant, the law is clearly settled as to the duty of the court to submit the case to the jury. In Insurance Co. v. Ward, 140 US 76, 11 Sup. Ct. 720, the court said: "There was evidence in the case...

...price of which was almost six thousand ($6,000.00) dollars. Under the circumstances it was clearly the duty of the court to submit the case to the jury. The witnesses were substantial business men and their testimony was clear and convincing. The surrounding...

...property had been sold for a small amount, under fore, closure, many years previously. It was clearly the duty of the court to submit the case to the jury. The evidence fully warranted the conclusion that the defendant had never bought such stock, and that he...

...verdict in his favor, and he does nothing to waive his rights except to make the motion, It Is then the duty of the court to submit the case to the jury, unless the opposite party Is, upon the evidence, as a matter of legal right, entitled to a verdict...