... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there Is literally no evidence, but whether there Is any upon which a jury can properly proceed to find a verdict for the party... Negligence: Rules--decisions--opinions - Page 1120by Edward Beers Thomas - 1904 - 2562 pagesFull view - About this book
| 1869 - 972 pages
...R*p. (NB ) Exch. 8. reasonable rule, viz., that, in every case, before the evidence is left to the jury there is a preliminary question for the Judge,...jury can properly proceed to find a verdict for the party producing it, upon -whom the onus of proof is imposed. If, therefore, the plaintiffs' evidence... | |
| Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 604 pages
...as the Judge ought to have directed a nonsuit ; and, as in every case before evidence is left to the jury there is a preliminary question for the Judge, not whether there is literally any evidence, but whether there is any evidence upon which a jury can properly proceed to find a verdict... | |
| United States. Supreme Court - 1876 - 696 pages
...question for the judge, not whether there is literally no * 14 Wallace, 448. Opinion of the court. evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed. The English cases there cited fully sustain... | |
| 1869 - 370 pages
...Eep. there is a preliminary question for the jndge, not whether there is literally no evidence, hut whether there is any upon which a jury can properly proceed to find a verdict for the porty producing it, upon whom the onus of proof ia imposed. If, therefore, the plaintiff's evidence... | |
| 1892 - 554 pages
...every case, before the evidence is left to the jury, there is a preliminary question for the jndge, not whether there is literally no evidence, but whether...jury can properly proceed to find a verdict for the party producing it." Miller, J., in Improvement Co. v. 3f tmooii, 14 Wall. 442, 448 ; Commissioners... | |
| 1875 - 438 pages
...of high authority have established the rule that in every case, before the evidence is left to the jury, there is a preliminary question for the judge,...evidence, but whether there is any upon which a jury cau properly proceed to find a verdict for the party producing it, upon whom the emu* of proof is imposed.... | |
| 1883 - 548 pages
...reasonable rule, to wit, that before the evidence is left to the jury, there is or may be in every case a preliminary question for the judge, not whether...literally no evidence, but whether there is any upon which n jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof... | |
| 1883 - 552 pages
...evidence is left to the jury, there may be in every case, a preliminary question for the presiding judge, not whether there is literally no evidence,...whether there is any upon which a jury can properly find a verdict for the party producing it, upon whom the burden of proof is imposed. Cotton v. Wood,... | |
| United States. Supreme Court - 1871 - 726 pages
...reasonable rule, to wit, that in every case, before the evidence is left to the jury, there is or may be a preliminary question for the judge, not whether...jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed. J Apply that rule to the present case and... | |
| Herbert Broom - 1874 - 880 pages
...has established a more reasonable rule, viz., that in every case, before the evidence is left to the jury, there is a preliminary question for the judge,...jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed."2 It remains to add, that where the judge... | |
| |