TITLE THIRTY.

PROCEDURE.

CHAPTER

CXCVII.

ART. I.

ART. II.

TITLE THIRTY.

PROCEDURE.

Questions of Law and Fact,
When Negligence is a Question for
the Court, When for the Jury,
Application of these Doctrines in
Various Conditions of Fact, .

ART. III. When Negligence a Mixed Question

of Law and Fact,.

CXCVIII. Parties to Actions for Negligence,

Parties Plaintiff, .

Parties Defendant,

Pleadings in Particular Classes of Neg

Pleadings in Actions against Rail-
road Companies,

SS 7387-7409.

SS 7387-7396.

SS 7400-7405.

§§ 7408-7409.

§§ 7411-7440.

SS 7411-7429.

SS 7429-7440.

SS 7444-7482.

SS 7491-7597.

§§ 7491-7504.

Judicial Knowledge,

Presumptions and Burden of Proof,
General Doctrines and Theories,
Does the Rule of Res Ipsa Loquitur
Apply in the Relation of Master
and Servant?

ART. III. Presumptions as to Particular Facts,

.

SS 7629-7632.

- §§ 7634-7726.

SS 7634-7643.

§§ 7646-7652. §§ 7654-7688.

CHAPTER

ART. IV. Burden of Proof as to Various Evi

CCV.

CCVI.

CCVII.

CCVIII.

$7695-7726.

§§ 7747-7762.

Admissions, Declarations, Res Gestæ, §§ 7731-7743..
Expert and Opinion Evidence,
Evidence in Actions between Master
and Servant, .

Evidence in Actions against Railroad
Companies in Other than the Carrier
or Employer Relation,

§§ 7767-7792.

88 7798-7812.

SS 7408-7409.

ART. III. When Negligence a Mixed Question of
Law and Fact,

ARTICLE I.

SECTION

WHEN NEGLIGENCE IS A QUESTION FOR THE COurt,
WHEN FOR THE JURY.

7387. Reasonable care is generally a question of fact.

7388. Further expressions of the above doctrine.

7389. Always for the jury where the

evidence is conflicting.
7390. Question should be submitted

to jury where there is any
evidence tending to show neg-
ligence.

SECTION

7391. But not where there is but a
mere scintilla of evidence to
show negligence.

7392. Rule where the evidence so
clearly shows negligence that
a verdict for the defendant
would be set aside.
7393. Is a question of law where
facts are undisputed and
point to but one conclusion.