Chicago, M. & St. P. Ry. Co. v. Moore

Citations

• 166 F. 663
• 1909 U.S. App. LEXIS 4290

Syllabus

<p>1. TRIAL (§ 311*) — -DELIBERATIONS OP JURY — -MATTERS OP COMMON KNOWLEDGE —JURY’S OBSERVATION AND EXPERIENCE.</p> <p>In trials by jury, the jurors arc not restricted to a consideration of the facts directly proven, but may give effect to such inferences as reasonably may be drawn from them. Nor are they expected to lay aside matters of common knowledge or their own observation and experience of the affairs of life, but, on the contrary, to apply them to the evidence or facts in hand, to the end that their action may be intelligent and their conclusions correct.</p> <p>[Fd. Note.- — Eor other cases, see Trial, Cent. Dig. § 739; Dee. Dig. § 311.M</p> <p>2. Trial (§ 311*) --Deliberations of Jury — Opinions op Experts — Jury’s Observation and Experience.</p> <p>In respect of questions upon which men of ordinary observation and experience have some practical knowledge and are not incapable of forming opinions of their own, jurors are not dependent upon the opinions of experts, even though they would be assisted by them.</p> <p>[Ed. Note. — For other cases, see Trial, Dec. Dig. § 811.*]</p> <p>3. Negligence (§ 5*)— Standard of Reasonable Care — Practice of Others.</p> <p>The ultimate and controlling test of the exercise of reasonable care is, not what has been the practice of others in like situations, but what a reasonably prudent person would ordinarily have done in such a situation ; and the practice of others is evidence, but not the sole evidence, of that test.</p> <p>iEd. Note. — For other cases, see Negligence, Cent. Dig. § 7; Dec. Dig. § 5.*1</p> <p>(Syllabus by the Court.)</p>