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" ... miles an hour at the crossing. We will therefore, after judgment, treat the complaint as amended to conform to the proof and hold that it was sufficient, and the evidence was also sufficient to sustain a charge of negligence in the particulars recited.... "
Arkansas Reports: Cases Determined in the Supreme Court of the State of ... - Page 183
by Arkansas. Supreme Court - 1914
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

New York (State). Superior Court (New York), Jonathan Prescott Hall - Law reports, digests, etc - 1833 - 708 pages
...Mr. Warner for the defendant and Mr. Jlnthon for the plaintiffs. For the defendant it was contended, that there was no evidence to warrant the jury in finding that the cotton sent by the plaintiffs to'Lisle was sold at all, except an assertion of that fact contained...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 3

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1850 - 936 pages
...in the above statement of facts, the Court called on Humfrey to support the rule, who argued, first, that there was no evidence to warrant the jury in finding that the plaintiff contracted on the credit of the funds; and secondly, that, assuming that he agreed to...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 37

New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1863 - 720 pages
...action, or in diminution of the damages to that amount. Tho court declined so to charge, on the ground that there was no evidence to warrant the jury in finding that Cromwell was engaged with the defendant in practicing the fraud. The counsel for the defendant then...
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The New Reports, Containing Cases Decided in the Courts ..., Issue 40, Volume 3

748 pages
...suffered great pain for some time. At the close of the plaintiff's case, the Assessor being of opinion that there was no evidence to warrant the jury in finding that the defendant had been guilty of negligence, directed a nonsuit ; but reserved leave to the plaintiff...
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Reports of Cases Argued and Determined in the Supreme Judicial Court of the ...

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1864 - 1314 pages
...upon land which he had before sold to Cheney could have any effect to create such substituted way ; that there was no evidence to warrant the jury in finding that the part of the way at and immediately north of the upper gate had eva been substituted for the old...
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Cases Argued and Determined in the Court of Common Pleas and in ..., Volume 18

John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1866 - 584 pages
...returned a verdict for the plaintiffs, damages 5001. Bovill, QC, now moved for a new trial, on the ground that there was no evidence to warrant the jury in finding that the Company had by themselves or their servants been guilty of negligence, and also that the damages...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 1

New York (State). Court of Appeals, Emerson Willard Keyes - Law reports, digests, etc - 1867 - 636 pages
...shown to be in his possession or under his control at the time of the commencement of the action, and that there was no evidence to warrant the jury in finding that White had either the possession or the control of the property at the time the suit was commenced,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 42

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1880 - 764 pages
...303. COLE, J. At the close of the plaintiff's case the defendant moved for a nonsuit, for the reason that there was no evidence to warrant the jury in finding that the officers or agents of the city had notice of the defect in the sidewalk, and because the proof...
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The Southwestern Reporter, Volume 153

Law reports, digests, etc - 1913 - 1348 pages
...approached the crossing, and also tending to show that the train was running at a speed of 12 or 15 miles an hour at the crossing. We will therefore,...in finding, that there was a permanent injury, and that the court should have given appellant's prayer for instruction No. 2, which Is as follows: "You...
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The American State Reports: Containing the Cases of General Value ..., Volume 1

Abraham Clark Freeman - Law reports, digests, etc - 1888 - 982 pages
...cause of action accrued to the intestate in his lifetime, and survived to his personal representative; -that there was no evidence to warrant the jury in finding that the intestate endured any conscious pain or suffering; and that, upon the evidence, the plaintiff was...
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