...directed for it. We now claim that if, on all the evidence in the case, this court should find there was a question of fact which should have been submitted to the jury, the judgment should be reversed." The errors relied upon are based upon the charge and the direction...

...some such measure, and that it would have been efficacious. Whether that should have been done or not was a question of fact, which should have been submitted to the jury. The court was not warranted in saying to the jury that : "If you find by a preponderance of the...

...Morehouse directed the officer to go there upon the last occasion, and when the assault was committed. It was a question of fact, which should have been submitted to the jury to determine, whether defendant Morehouse was responsible for this last visit of the officer,...

...injury was one which under all circumstances, a surgeon of ordinary skill might have perfectly cured. This was a question of fact, which should have been submitted to the jury, riain as the question may seem, it is not a matter of law, the decision of which can be taken...

...directed by the buyer; Held, that the question whether the goods were sold on the credit of the defendant, was a question of fact, which should have been submitted to the jury; and that the judge erred in dismissing the complaint. McCaffil v. Sadcliff, 445 50. The rule...

...their opinion, and not merely as the result of the judge's opinion. But in Miss Anthony's case there was a question of fact, which should have been submitted to the jury, and that was the question of intent. The intent is the essence of every criminal offense. No...

...charged with stealing, were so "caught," or "confined,'' or "reclaimed," as to be the subject of larceny was a question of fact, which should have been submitted to the jury. The defendant offered no evidence, while the testimony of the state showed value and all the...

...the jury should find that it was culpable neglect, he might be held liable to the plaintiff. We think this was a question of fact which should have been submitted to the jury ; as was also the question whether the defendant knew or ought to have known, because, if he had...

...liability of appellant, was whether the dangerous condition of the machine was unknown to respondent. That was a question of fact which should have been submitted to the jury, as it appears there was some evidence on that point. The refusal of these instructions may have...

...security for his private debt, and it was used for that purpose, the arrest was not lawful — and this was a question of fact which should have been submitted to the jury by proper qualifying words in the instruction. The inference which it would seem was sought to...