...established a more reasonable rule — that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...the party producing it, upon whom the onus of proof rests." Since the decision in Matter of Case I believe the rule first above quoted from the Linkhauf...

...done at the trial, and the rule laid down that in every case before the evidence is left to the jury there is a preliminary question for the judge, not...evidence, but whether there is any upon which a jury may properly proceed to find a verdict for the party producing it upon whom the onus of proof is imposed....

...at the trial, and the rule laid down 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 noevidence, but whether there is any upon which a jury may properly proceed to find a verdict for the...

...have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...there is any upon which a jury can properly proceed to iind a verdict for the party producing it, upon whom the onus of proof is imposed." On this same point...

...every case before the evidence is left to the jury, there is a preliminary question for the court, not whether there is literally no evidence, but whether...which a jury can properly proceed to find a verdict in favor of the party producing it on whom is the burden of proof. (Argued May 16, 1888; affirmed May...

...the evidence is left to the jury, there is, ormay be ineyerv case, a preliminary niu^tior) fojrjhe judge, not whether there is literally no evidence, but whether there is any upon which a jury can property proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed."...

...to preclude oral evidence.) The rule, 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 wliether there is any upon which a jury can properly proceed to find a verdict for the party producing...

...case to the jury there must be evidence CPP & M. Co. v. WALKEH. Opinion of the Court, per HAIOHT, J. upon, -which a jury can properly proceed to find a verdict for rty producing it. (Dwight v. GL Ins. Co., 103 NY 359.) ** J. This action is one of replevin, brought...

...have established a more reasonable rule, that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not...producing it, upon whom the onus of proof is imposed.}; Very strong doubts are entertained whether the construction, of the language employed by the judge,...

...upon the evidence, was not entitled to recover. In every case before the evidence is left to the jury there is a preliminary question for the judge, not...jury can properly proceed to find a verdict for the parties producing it, upon whom the onus of proof is imposed. Pleasant» v. Fant, 89 US 22 Wall. 120,...