 A scintilla of evidence, or a mere " surmise that there may have been negligence on the part of '* the defendants, clearly would not justify the Judge in leaving "the case to the jury :' there must be evidence upon which " they might reasonably and properly...  The New Zealand Law Reports - Page 3931901Full view - About this book
 | John Scott, Great Britain. Court of Common Pleas - Law reports, digests, etc - 1859 - 518 pages
...that a case of this sort against a railway company could only be submitted to a jury with one result. A scintilla of evidence, or a mere surmise that there...might reasonably and properly conclude that there was negligence. All that appeared, was, that the plaintiff inquired of a stranger the way to the urinal,... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862 - 1112 pages
...that a case of this sort against a railway Company could only be submitted to a jury with one result. A scintilla of evidence, or a mere surmise that there...might reasonably and properly conclude that there was negligence." Here there was no sufficient evidence that the defendant made the contract jointly with... | |
 | Ireland. High Court of Chancery - Law reports, digests, etc - 1865 - 656 pages
...Brighton and South Coast Railway Company (b) :—" It " is not enough to say that there was some evidence: a scintilla " of evidence, or a mere surmise that there may have been negli" gence on the part of the defendants, clearly would not justify the " Judge in leaving the case... | |
 | Edwin Tyrrell Hurlstone, Francis Joseph Coltman, Great Britain. Court of Exchequer - Law reports, digests, etc - 1866 - 1072 pages
...J., Byles, J., Blackburn, J., Keating, J., and Mettor, J. (>) 2 H. & C. 722. (e) 8 CB, NS 568. 571. A scintilla of evidence, or a mere surmise that there...have been negligence on the part of the defendants, will not justify a Judge in leaving the case to the jury : Toomey v. The London, Brighton and South... | |
 | Sir William Thomas Charley - Cab and omnibus service - 1867 - 256 pages
...been utterly unable to find the existence of any legal duty, or any evidence of the breach of it." A scintilla of evidence, or a mere surmise that there...justify the judge in leaving the case to the jury. 5 It is fully established 2 See also in the appendix, Pleaclinar, p. 203. 1 Leamefl. Bray (per Le Blanc,... | |
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