Illinois Central Railroad v. Light

Appellate Court of Illinois

Illinois Central Railroad v. Light

39 Ill. App. 530, 1890 Ill. App. LEXIS 511

CourtAppellate Court of Illinois

DecidedJune 12, 1891

StatusPublished

Cited by1 cases

This text of 39 Ill. App. 530 (Illinois Central Railroad v. Light) 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.

Bluebook

Illinois Central Railroad v. Light, 39 Ill. App. 530, 1890 Ill. App. LEXIS 511 (Ill. Ct. App. 1891).

Pincite

Opinion

Wall, J.

The main question in this case was one of fact, whether the animal was thrown down in the car and injured by the negligent manner of moving the car. As to this the evidence was conflicting.

It is quite certain that the animal was killed by reason of some unusual and violent means, and it was a fair question for the jury whether the result was due to negligence as alleged.

While some of the witnesses testify the car was handled carefully, and that there was no sudden starting or jerking, others testify just the contrary and clearly support the plaintiff’s theory.

We are unable to say that the Circuit Court erred in refusing a new trial on this ground.

The second instruction given at the instance of the plaintiff is not objectionable in the particular suggested, that it does not limit the plaintiff to the case alleged in the declaration. Nor was there error in refusing the last instruction asked by defendant, as the substance of it and the point it presents may be found well stated in others that were given.

On the whole case there is no apparent error sufficient to call for the interference of this court. The judgment will be affirmed.

Judgment affirmed.

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