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" 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 conclude... "
The Exchequer Reports: Reports of Cases Argued and Determined in the Courts ... - Page 677
by Edwin Tyrrell Hurlstone, John Paxton Norman - 1862
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Irish Chancery Reports: Being a Series of Reports of Cases Argued and ...

Ireland. High Court of Chancery - Law reports, digests, etc - 1865 - 656 pages
...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...justify the "Judge in leaving the case to the jury." And Mr. Justice Williams, in delivering judgment in Cotton v. Wood, says: — "I wish " merely to add,...
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A Handy Book of the Law of London Cabs and Omnibuses

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...would not justify the judge in leaving the case to the jury.5 It is fvdly established 1 Leame». Bray (per Le Blanc, J), 3 East, 593. 2 See also in the appendix,...
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The Law Reports. Court of Exchequer: From Michaelmas Term, 1865 ..., Volume 4

Great Britain. Court of Exchequer - Law reports, digests, etc - 1869 - 444 pages
...idea thus : " It is not enough to say that there was some evidence. ... A scintilla of evidence . . . clearly would not justify the judge in leaving the case to the jury. There must be evidence on which they might reasonably and properly conclude that there AMIS negligence,"—the fact in that...
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The Canada Law Journal, Volume 5

Law - 1869 - 370 pages
...suhmitted to a jury with one result. A scintilla of evidence, or a mere surmise that there may have heen negligence on the part of the defendants, clearly would not justify the jndge in leaving the case tS the jury; there must he evidence upon which they might reasonahly and...
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Albany Law Journal, Volume 44

Law - 1892 - 554 pages
...to anthorize the submission of a question as one of fact to the jury, that there is some evidence. A scintilla of evidence, or a mere surmise, that there may have been negligence on the part of the defendant, would not justify the jndge in leaving the case to the jury." Rugor, CJ, in Dwi9ht v. Insurance...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 98

Great Britain. Courts - Law reports, digests, etc - 1871 - 552 pages
...ground that there was no evidence of negligence on the part of the company. My Brother Williams there said: "It is not enough to say that there was some...there may have been negligence on the part of the defend*5731 &n ^ s i dearly would not justify the judge in *leaving the case to J the jury: there must...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...Railway Company, 3 CBN 8., 146 ; 27 LJCP, 39. "It is not enough to say that there was some evidence— a mere surmise that there may have been negligence on the part of the defendant clearly would not justify the judge in leaving the case to the jury. There must be evidence...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 10

New South Wales. Supreme Court - Law reports, digests, etc - 1872 - 558 pages
...Ryder v. Wombwell (b). "It is not enough to say that there was some evidence. A scintilla of evidence clearly would not justify the Judge in leaving the case to the jury. There must be evidence on which they might reasonably and properly conclude that there was negligence — the fact in that...
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The American Decisions: Containing All the Cases of General Value ..., Volume 24

John Proffatt, Abraham Clark Freeman - Law reports, digests, etc - 1881 - 840 pages
...English case in the court of exchequer: 'It is not enough to say there was some evidence. A frintilla of evidence, or a mere surmise that there may have...leaving the case to the jury. There must be evidence on which the jury might reasonably and properly conclude that there was negligence:' Coraman v. EC...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 5

Nathaniel Cleveland Moak - Law reports, digests, etc - 1879 - 1028 pages
...thus : 'It [178 it not enough to say that there was some evidence ... A scintilla of evidence . . . clearly would not justify the judge in leaving the case to the jury. There must bo evidence on which the}' might reasonably and properly conclude that there was negligence.' " This...
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