 | 1885 - 544 lapas
...place of business and sat down upon the stairs near by in the shade to rest, does not authorize us to say as a matter of law that she was guilty of contributory negligence. Murray v. MoShane, 52 Md. 217- When facts and circumstances, though undisputed, are ambiguous, and... | |
 | Ohio. Supreme Court - 1914 - 764 lapas
...circumstances she fell and was injured by reason of the condition of this walk. How then can it be said as a matter of law that she was guilty of contributory negligence? As to the second proposition, that there was no notice express or implied to the defendant of the condition... | |
 | 1885 - 1062 lapas
...place of business and sat down upon the stairs near by in the shade to rest, does not authorize us to say as a matter of law that she was guilty of contributory negligence, (Murray v. McShane, 52 Md. 217;) especially upon her testimony, which the jury may have found to be... | |
 | 1915 - 1106 lapas
...could have known it by the exercise of ordinary care." The court held in her case that they could not say, as a matter of law, that she was guilty of contributory negligence. [8] Nor can we say in this case, upon the evidence produced, that the plaintiff, as a matter of law,... | |
 | 1914 - 1164 lapas
...the time was a matter about which fairminded men might honestly differ, and hence it cannot be said, as a matter of law, that she was guilty of contributory negligence or assumed the risk. [6] It Is next argued that the court erred in instructing the jury. With respect... | |
 | 1918 - 1366 lapas
...indicate to her that there was a death trap concealed beneath it. Under such circumstances we cannot say as a matter of law that she was guilty of contributory negligence in using the sidewalk. It was not the sidewalk alone, but the defective coalhole and the cover in the... | |
 | 1921 - 1206 lapas
...105 Mo. 270, 284, 285, 15 SW Ö83, »86. Also, as stated in this and other cases, before we can hold, as a matter of law, that she was guilty of contributory negligence, the evidence must be such as to permit of no other conclusion than that she was negligent, giving plaintiff... | |
 | Arkansas. Supreme Court - 1911 - 686 lapas
...reasonable time to get her child. If she acted with reasonable diligence to do this, then it cannot be said as a matter of law that she was guilty of contributory negligence which would defeat her right to recover. The court gave a number of instructions to the jury, both... | |
 | Missouri. Courts of Appeals - 1893 - 800 lapas
...next question to be considered in the case. From the statement of facts above given it cannot be said, as a matter of law, that she was guilty of contributory negligence. It has frequently been decided by the supreme court of this state, and by other courts, that it is... | |
| |
... held as a matter of law that she was guilty of contributory negligence. The decision of the question was properly within the province of the jury. 
