...his work on torts, Judge Cooley states such a rule as follows: — "The proper conclusion seems to be this : If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Cooley on Torts, p. 670. In the case of Detroit $• Milwaukee R. R. Co. v. Van Steinbura, 17 Mich.,...

...facts established, then the conclusion of negligence follows. Thus in Cooley on Torts, 804, it is said: "If the facts are not ambiguous, and there is no room...evidence here which tends to show a want of due care.' In cither case he draws the conclusion of negligence or the want of it as one of law. " In Shear. & E....

...debatable, or rests in doubt." Judge COOLEY discusses this question in his work on Torts, and concludes: "If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Page 670. Townley, by guardian ad litem, vs. The Chicago, Mil. & St. P. R'y Co. We are clearly of the...

...saying that the law deduced the conclusion accordingly. If the facts are not ambiguous, and there1 is no room for two honest and apparently reasonable...submit the question to the jury as one in dispute." Page 670. "We are clearly of the opinion that the facts disclosed in the record do not bring the case...

...facts are not ambiguous, and there is no room for two honest and apparently reasonable conclusions, the judge should not be compelled to submit the question to the jury as one in dispute." p. 670. I have thus largely quoted from Judge Cooley, because of the admirable and able manner in which...

...the presence or absence of due care, the judge would be quite justified in saying that the lawdeduued the conclusion accordingly. If the facts are not ambiguous,...in the evidence here which tends to show a want of duecare." In either case he draws the conclusion of negligence or the want of it as one of law. Many...

...reasonable conclusions, then the judge should not be compelled to submit the question to the jifty as one in dispute. On the contrary, he should say to them, "lu the judgment of the law this conduct was negligent," or, as the case might be, "There is nothing...

...his work on Torts, Judge Cooley states such a rule as follows : " The proper conclusion seems to be this : If the case is such that reasonable men, unaffected...submit the question to the jury as one in dispute." Cooley, Torts, p. 670. In the case of Detroit & M. R. Co. v. Van Steinburg, supra, Judge COOLEY stated...

...The same is true of a master and his servant.* Similarly, where the common law remains in force, the is no room for two honest and apparently reasonable...the contrary he should say to them, 'In the judgment at the law this conduct was negligent,' or, as the case might be, 'There is nothing in the evidence...

...are unambiguous, and there is no room for two honest and apparent reasonable conclusions, the court should not be compelled to submit the question to the jury as one in dispute." Now, taking the entire evidence that was introduced in this case, there is nothing that indicates that...