...excavation, momentarily became uncontrollable, and reached and went into such excavation. There was also evidence to carry the case to the jury on the question of damages. The jury rendered a verdict as follows: "(1) Was the horse driven by the plaintiff on the...

...error. We shall take up first the question as to whether there was evidence justifying the submission of the case to the jury on the question of the negligence of Mrs. McElhinney. Evidence was Introduced on behalf of defendants, and from which the jury could have...

...establish the defendant's negligence without question. But assuming that everything was originally safe, there was sufficient evidence to carry the case to the jury on the theory that the structure had become unsafe by use and that the defendant knew or ought to have known...

...shifting of the feet in lifting so heavy a weight and a resultant danger therefrom. Therefore we conclude there was sufficient evidence to carry the case to the jury on the question of defendant's negligence in failing to furnish a reasonably safe place for the plaintiff to perform the...

...between them, we would have an entirely different question from the one presented here. Assuming that there was sufficient evidence to carry the case to the jury on the question of the negligent manner in which the cars in question were loaded and iced, the pertinent question still remains:...

...shifting of the feet in lifting so heavy a weight and a resultant danger therefrom. Therefore we conclude there was sufficient evidence to carry the case to the jury on the question of defendant's negligence in failing to furnish a reasonably safe place for the plaintiff to perform the...

...pass upon these and other alleged errors. Agency is a question of fact to be proved. It seems that there was sufficient evidence to carry the case to the jury on the agency of Huff, in making the said contract. The case should be submitted to the jury on this issue...

...reversed and remanded the cause for that reason. We then held that the evidence was sufficient to take the case to the jury on the question of the negligence of defendant in violating the speed ordinance of the city of Williamsville, and such negligence being...

...Considering the evidence for the plaintiff In Its most favorable aspect, we think there was enough to carry the case to the jury on the question of the existence of a -water course. It Is not necessary that the flow should bo constant. "There must be...

...the whole evidence, enough was proved on the part of the plaintiff below to make it proper to send the case to the jury on the question of the negligence of the company. The next question arises in regard to the charge of the court upon the proximate rvni^n of...