 What had been done by others previously, however uniform in mode it may be shown to have been, does not make a rule of conduct by which the jury are to be limited and governed. It is not to control the judgment of the jury, if they see that in the case...  Handbook of the Law of Evidence - Page 168by John Jay McKelvey - 1907 - 540 pagesFull view - About this book
 | Abram Warren Thompson - Agricultural laws and legislation - 1876 - 556 pages
...party was bound to do, or was justified in doing, under all the cireumstances of tiie case. What had been done by others previously, however uniform in...adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt. It is evidence... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1913 - 676 pages
...circumstances of the case. What had been done by others previously, however uniform In mode It may have been shown to have been, does not make a rule of conduct...adopt In his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt. It is evidence... | |
 | Law reports, digests, etc - 1908 - 1156 pages
...whether It usually le compiled with or not." In Maynard v. Buck. 100 Mass. 47, 48, the court says: "What bad been done by others previously, however...adopt In his own affairs, or not such as a due regard to. the obligations of those employed in the affairs of others would require them to adopt. It Is evidence... | |
 | James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...party was bound to do, or was justified in doing, under all the circumstances of the case. What had been done by others previously, however uniform in...adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt It is evidence... | |
 | Railroad law - 1909 - 860 pages
...usually is complied with cr not." In Maynard v. Buck, 100 Mass. 47, 48, the court says : "What had been done by others previously, however uniform in...they see that in the case under consideration it is riot such conduct as a prudent man would adopt in his own affairs, or not such as a due regard to the... | |
 | Railroad law - 1912 - 860 pages
...circumstances of the case. What had been done by others previously, however uniform in mode it may have been shown to have been, does not make a rule of conduct...adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt. It is evidence... | |
 | Law - 1916 - 198 pages
...of illustration — in one of which, Maynard v. Buck, 100 Mass. 40, this language is used: "What had been done by others previously, however uniform in....conduct as a prudent man would adopt in his own affairs. * * * It is evidence of what is proper and reasonable to be done, from which,, together with all the... | |
 | Hugh Evander Willis - Bailments - 1923 - 1036 pages
...party was bound to do, or was justified in doing, under all the circumstances of the case. What had been done by others previously, however uniform in...adopt in his own affairs, or not such as a due regard to the obligations of those employed in the affairs of others would require them to adopt. It is evidence... | |
 | Archibald Hall Throckmorton - Evidence (Law) - 1924 - 592 pages
...been ^9n.e. .^LP.tiiigIg_EI£Xig_usly, however uniform in mode it may _be shown to have_been^ does^not make a rule of conduct by which the jury are to be...limited and governed. It is not to control the judgment of_the jury, if they see that in the case under consideration it is not such conduct as a _prudent... | |
 | Jenny Bourne Wahl - Law - 1998 - 372 pages
...action."" The fullowing passage from Judge Wells's judgment is the most frequently quoted: What had been done by others previously, however uniform in...of conduct by which the jury are to be limited and goverued. lt is not to contrul the judgment of the jury, if they see that in the case under consideration... | |
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