...differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such...negligence is ever considered as one of law for the court." Judgment affirmed. FOLSOM v. NINETY SIX. CERTIFICATE FKOM THE CIRCUIT COURT OF APPEALS FOE THE FOUBTH...

...negligence or not, the determination of the matter is for the jury. It is only when the facts are such that reasonable men must draw the same conclusion from...that the question of negligence is ever considered one of law for the court." Grand Trunk R'y v. Ives, 144 U. S_ 408, 417. How near the train was to the...

...differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such...negligence is ever considered as one of law for the court." Judgment affirmed. FOLSOM v. NINETY SIX. CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE FOURTH...

...differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such...negligence is ever considered as one of law for the court. Railroad Co. v. Pollard, 22 'Wall. 341 ; Delaware &c. Railroad v. Converse, 139 U. 8. 469 ; Thompson...

...foot at night to go to his duty, looks and listens for coming trains before crossing. It is only wben facts are such that all reasonable men must draw the...conclusion from them, that the question of negligence ia ever considered as one of law for the court. THE case is stated in the opinion. VOL. cuon— 23...

...cases involving questions of fact. Syllabus. The question of negligence is one of law for the court only where the facts are such that all reasonable men must draw the same conclusion from them, or, in other words, a case should not be withdrawn from the jury unless the conclusion follows as matter...

...question as to whether there was negligence or not, the determination of the matter is for the jury; but where the facts are such that all reasonable men must draw the same conclusion from them, the question of negligence is one of law for the court. Ib. 3. In an action against a railroad company...

...proper instructions. The question of negligence in such case is one of law for the court, only when the facts are such that all reasonable men must draw the same conclusion from them : or, in other words, a case should not be withdrawn from the jury unless the conclusion follows as...

...reasonable men may fairly differ upon the question as to whether there was negligence or not, the matter is for the jury. It is only where the facts are such...negligence is ever considered as one of law for the court." Judge BLAND of the St. Louis Court of Appeals, considering this troublesome point, in Sailer v. Shoe...

...question as to whether there was negligence or not, the determination of the matter is for the Jury ; but where the facts are such that all reasonable men must draw the same conclusion from them, the question of negligence is one of law, for the court. The running of a railroad train within the...