The New York Supplement, Volume 106 |
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Page 10
The jury have found that he did so within a reasonable time , and this finding of fact , considering the difficulty in ascertaining wherein the contract was improperly perform- ed , we cannot say is against the weight of evidence .
The jury have found that he did so within a reasonable time , and this finding of fact , considering the difficulty in ascertaining wherein the contract was improperly perform- ed , we cannot say is against the weight of evidence .
Page 11
Within well - settled principles of law , therefore , the jury might lawfully find that the plaintiff has duly rejected the attempted performance of the contract within a reasonable time , and is entitled to his damages ...
Within well - settled principles of law , therefore , the jury might lawfully find that the plaintiff has duly rejected the attempted performance of the contract within a reasonable time , and is entitled to his damages ...
Page 193
The trial court charged the jury that , if they found that the slippery substance upon the platform was the sole producing cause of the injury , the plaintiff could not recover ; but if they found that the car started before the ...
The trial court charged the jury that , if they found that the slippery substance upon the platform was the sole producing cause of the injury , the plaintiff could not recover ; but if they found that the car started before the ...
Page 194
While plaintiff testified that he would not have fallen if the slippery substance had not been on the platform , this evidence did not preclude the jury from finding that the starting of the car was the proximate cause of the accident ...
While plaintiff testified that he would not have fallen if the slippery substance had not been on the platform , this evidence did not preclude the jury from finding that the starting of the car was the proximate cause of the accident ...
Page 204
The Municipal Court was requested to charge the jury that the master is never the insurer of the safety of a workman on a building , and the court declined so to charge , under exception . While the request was general , we cannot say ...
The Municipal Court was requested to charge the jury that the master is never the insurer of the safety of a workman on a building , and the court declined so to charge , under exception . While the request was general , we cannot say ...
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