 | Ontario. High Court of Justice - Law reports, digests, etc - 1885 - 864 pages
...sufficient to take the case out of the Statute. This direction was held by the Court to be wrong ; and that it should have been left to the jury to say whether he used the words, he " would not pay " in jest, and without any intention of refusing to pay. In Ball... | |
 | Law reports, digests, etc - 1888 - 1042 pages
...defendant would be liable for any injury he sustained by reason of the negligence of its servants. Held, that it should have been left to the jury to say whether the train-master had any authority to give the defendant's consent for plaintiff to ride on the car.... | |
 | Clement Bates - Partnership - 1888 - 800 pages
...for the jury to say whether it was in substance the same." Yet MARTIN, B., in 5 H. & N., 517, thinks that it should have been left to the jury to say whether John Blurton and John Blurton & Co. are not substantially the same. So where a firm's name is Charles... | |
 | James Gray Stevens, New Brunswick. Supreme Court - Court rules - 1888 - 322 pages
...between plaintiff and M., and therefore within the Statute of Frauds ; but by Allen, CJ, and Palmer, J., that it should have been left to the jury to say whether H.'s promise was primary or collateral. Held, by Allen, CJ, and Palmer and King, JJ., (Wetmore, J.,... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1893 - 768 pages
...Frederick v. Clemens, 60 Mo. 313, where the essential facts were similar to those in this case, it was said that it should have been left to the jury to say whether defendant, without negligence on his part, signed .the note sued on in ignorance of its true character,... | |
 | Law reports, digests, etc - 1896 - 1252 pages
...indemnity. Briefly epitomizing, therefore, the case which is here presented, we are of the opinion that it should have been left to the jury to say whether or not the transaction attending the giving of these notes was a mere cover for usury, of which the... | |
 | Norman Fetter - Carriers - 1897 - 888 pages
...suspicious, the mere production of the ticket was not sufficient to entitle plaintiff to recover, but that it should have been left to the jury to say whether plaintiff had procured it fairly, or was attempting an imposition. Davis v. Railway Co.. 20 UCQB 27.... | |
 | Newfoundland. Supreme Court - Law reports, digests, etc - 1897 - 1028 pages
...were improperly directed that the plaintiff was estopped by her own act from raising the question, and that it should have been left to the jury to say, whether the whole of the land was taken and entered upon by the Company for the purposes of the railway ; there... | |
 | John Mews - Law reports, digests, etc - 1898 - 1328 pages
...succeeding month, but had other property : — Held, that this was not per se an act of bankruptcy, but that it should have been left to the jury to say whether the conveyance was a fraudulent preference. lialme v. ftuttiirt, 2 Y. & J. 101. Pressure.] — A deed... | |
 | Railroad law - 1900 - 944 pages
...she was standing in a place of safety, when she was in fact standing on the track; and they insist that it should have been left to the jury to say whether what was done by plaintiff was consistent with the requireK t ;is (»s) Buckley v. Flint & PMR Co ments... | |
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... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question. 
