 | 1915 - 800 頁
...fully established in all the Courts, viz., that, where the evidence is equally consistent with either view, — with the existence or non-existence of negligence,...— it is not competent to the Judge to leave the case to the jury. The party who affirms negligence has altogether failed to establish it" (p. 573).... | |
 | Seymour Dwight Thompson - 1905 - 1626 頁
...that, where the evidence is equally consistent with either the existence or nonexistence of negligenee, it Is not competent to the judge to leave the matter to the jury. And in the same case. Erie, CJ, said that a plaintiff is not entitled to succeed unless there be affirmative... | |
 | 1902 - 1024 頁
...consistent with either view, — the existence or nonexistence of negligence, — it is not competent for the judge to leave the matter to the jury. The party who affirms the negligence has failed to establish it. This is a rule which never ought to be lost sight of. "An... | |
 | 1909 - 538 頁
...liable. They must be clearly connected up as it were. Where the evidence given is equally consistent with the existence or non-existence of negligence,...competent to the judge to leave the matter to the jury: Wukelin v. London and South Western Railway Co. (1886), 12 App. Gas. 41. of its existence, and that... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1911 - 844 頁
...fully established in all the courts, viz., that, where the evidence is equally consistent with either view, — with the existence or nonexistence of negligence,...is a rule which ought never to be lost sight of." Dissenting Opinion Per FULLERTON. .1. [60 Wash. The case was one of negligent driving. This principle... | |
 | Seymour Dwight Thompson - 1912 - 1106 頁
...'Williams, J., in his concurring opinion: "I wish merely to add that there is another rule of the law of evidence, which is of the first importance, and...negligence has altogether failed to establish it. This is a rule which ought never to*be lost sight of."" § 1676. Whether the Negligence was the Proximate... | |
| |
That, where the evidence Is equally consistent with either view,— with the existence or nonexistence of negligence, — it is not competent to the Judge to leave the matter to the Jury. The party who affirms negligence has altogether failed to establish... 
