Devine v. Chicago Railways Co.

Appellate Court of Illinois

Devine v. Chicago Railways Co.

189 Ill. App. 435

CourtAppellate Court of Illinois

DecidedNovember 10, 1914

DocketGen. No. 19,984

StatusPublished

Cited by3 cases

This text of 189 Ill. App. 435 (Devine v. Chicago Railways Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Devine v. Chicago Railways Co., 189 Ill. App. 435 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Gridley

delivered the opinion of the court.

3. Negligence, § 208*—when instruction erroneous as omitting element of due care. Where several instructions directed a verdict for the plaintiff if the jury found the facts as therein severally stated, but each instruction omitted entirely the element of the exercise of ordinary care by the deceased for his own safety, the instructions were erroneous and the error could not be cured by other instructions. 4. Instructions, § 119*—when instruction erroneous as not based on evidence. An instruction that submits it to the jury to find if a certain fact exists virtually tells them that there is evidence tending to prove such fact, and if there is no evidence tending to prove it the instruction is calculated to mislead the jury and is erroneous.

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Mr. Justice Gridley

delivered the opinion of the court.

3. Negligence, § 208*—when instruction erroneous as omitting element of due care. Where several instructions directed a verdict for the plaintiff if the jury found the facts as therein severally stated, but each instruction omitted entirely the element of the exercise of ordinary care by the deceased for his own safety, the instructions were erroneous and the error could not be cured by other instructions. 4. Instructions, § 119*—when instruction erroneous as not based on evidence. An instruction that submits it to the jury to find if a certain fact exists virtually tells them that there is evidence tending to prove such fact, and if there is no evidence tending to prove it the instruction is calculated to mislead the jury and is erroneous.

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189 Ill. App. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devine-v-chicago-railways-co-illappct-1914.

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