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" It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the Court. "
A Treatise on the Law of Evidence - Page 58
by Simon Greenleaf - 1866 - 675 pages
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Transactions, Volume 21

Maryland State Bar Association - 1916 - 328 pages
...party accused of crime, that the jury should respond as to the facts and the court as to the law. It is the duty of the court to instruct the jury as to...and it is the duty of the jury to follow the law as laid down by the court. This is the right of every citizen ; and it is his only protection. "If the...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 73

New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1902 - 770 pages
...justified in leaving any question as to the construction of such instruments to the jury, and then it is the duty of the court to instruct the jury as to the different constructions claimed, and to submit to them the facts, instructing them that if they find...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1896 - 772 pages
..., ' them safely and without injury. Where a declaration contains several grounds of negligence, it is the duty of the court to instruct the jury as to those upon which, alone, recovery can be based, and to eliminate the others. The court should, as requested,...
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 7

Civil procedure - 1897 - 1060 pages
...Leffel, 35 Ind. 76; Harrington v. Harrington, 107 Mass. 329. And see generally article INSTRUCTIONS. It is the duty of the court to instruct the jury "as to the law of the case, and never leave it, by instruction, to be found by them." Henderson v. Henderson, 88 111....
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 15

Washington (State). Supreme Court, Eugene Genroy Kreider - Law reports, digests, etc - 1897 - 812 pages
...law has been committed, if the jury has decided the law correctly, notwithstanding the fact that it is the duty of the court to instruct the jury as to what the law is? The essential thing is that the case should be decided under the law, and if the jury...
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The American State Reports: Containing the Cases of General Value ..., Volume 63

Abraham Clark Freeman - Law reports, digests, etc - 1898 - 1014 pages
...541.) r>. JURY TRIAL— INSTRUCTIONS.— Where r. complaint contains several grounds of negligence. It Is the duty of the court to Instruct the jury as to those upon which alone a recovery may be based, and to eliminate all others. (Heller v. Chicago etc....
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Probate Reports Annotated: Containing Recent Cases of General ..., Volume 2

Frank Sumner Rice, William Lawrence Clark - Law reports, digests, etc - 1898 - 792 pages
...of the testator must be determined by the will itself, and not by evidence aliundt. Id. 80. While it is the duty of the court to instruct the jury as to which side has the burden of proof, the failure to so instruct is, in the absence of any evidence of...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 80

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1899 - 718 pages
...exists for the jury Uxacl upon. 8. SAME — Duty of Court to Instruct Jury — Question of Fact. — It is the duty of the court to instruct the jury as to what constitutes the relationship of fellow-servants, but whether the circumstances of a given case...
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A Selection of Cases on Evidence at the Common Law

James Bradley Thayer - Evidence (Law) - 1900 - 1296 pages
...terms of an oral contract must necessarily be ascertained from the testimony of the witnesses, and it is the duty of the court to instruct the jury as to the law applicable to the various phases arising upon such testimony. But where the court presents to the jury...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1900 - 842 pages
...reference to the pecuniary injuries resulting from such death » * » not exceeding the sum of $5,000." it Is the duty of the court to instruct the Jury as to the basis upon which the damages are to be computed, and the pecuniary value of the life of the deceased...
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