Reports Containing the Cases Determined in All the Circuits from the Organization of the Courts (Volume 38 ); Fully Reported with Numerous Annotations (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900. Excerpt: ... ing this door, to get a light and examine its construction, size, and fastenings, and compare them with the other doors in the building, or to make such an examination in the dark. Every question in the case was a question of fact for the jury. Questions of negligence are questions for the jury. The learned trial judge rightly refused to take the case from the jury or grant a new trial. It is unnecessary to cite authorities in so plain a case, but we refer to Low v. Railway Co., 72 Me. 313; Bronson v. Oakes, 22 C. C. A. 520, 76 Fed. 734. The judgment of the circuit court is affirmed. (97 Fed. 8S2.) WESTERN GAS CONST. CO. v. DANNER. (Circuit Court of Appeals, Ninth Circuit. October 2, 1899.) No. 515. 1. Review On Appeal--Discretion Of Trial Court--Order Of Proof. The order in which proofs are introduced is not ordinarily subject to review on a writ of error, and in no ease will an appellate court interfere with the discretion of the trial judge in that regard, unless it clearly appears that there has been an abuse of such discretion to the prejudice of the party. 2. Evidence--Admissibility Of Diagrams. It is a common and proper practice in personal Injury cases to receive models, maps, and diagrams to illustrate the testimony of witnesses by giving a representation of objects and places which cannot otherwise be conveniently shown or described to the jury, and it is no objection to the admission of a diagram for that purpose that its accuracy is controverted, such question being properly submitted to the jury. 8. Payment--Issues And Proof--Action For Tort. In an action to recover damages for a personal Injury alleged to have been caused by defendant's negligence, the plaintiff is not required to allege and prove that such damages have not been paid. 4. Dam...