Powell v. Alton & Southern Railroad

Appellate Court of Illinois

Powell v. Alton & Southern Railroad

203 Ill. App. 60

DecidedNovember 13, 1916

StatusPublished

This text of 203 Ill. App. 60 (Powell v. Alton & Southern Railroad) 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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Powell v. Alton & Southern Railroad, 203 Ill. App. 60 (Ill. Ct. App. 1916).

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Opinion

Mr. Justice Boggs

delivered the opinion of the court.

3. Instructions, § 159*-—when considered as a series. The instructions given by the court are to be read and considered together, and if when so considered they state the law applicable to the case with substantial correctness, it is sufficient, notwithstanding some one instruction is in itself erroneous. 4. Instructions, § 88*—when instruction as to determination of preponderance of evidence is not reversibly erroneous. An instruction as to determining the preponderance of the evidence should include the number of witnesses as one of the elements to be considered, but the omission of this element is not reversible error except where the element of the number of witnesses is shown to be important. 5. Appeal and error, § 1491*—when exclusion of evidence is harmless error. It is not reversible error to refuse to admit in evidence exhibits consisting of certain records made by a witness with a machine invented by him where he is allowed to give the results of his tests to the jury.

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Mr. Justice Boggs

delivered the opinion of the court.

3. Instructions, § 159*-—when considered as a series. The instructions given by the court are to be read and considered together, and if when so considered they state the law applicable to the case with substantial correctness, it is sufficient, notwithstanding some one instruction is in itself erroneous. 4. Instructions, § 88*—when instruction as to determination of preponderance of evidence is not reversibly erroneous. An instruction as to determining the preponderance of the evidence should include the number of witnesses as one of the elements to be considered, but the omission of this element is not reversible error except where the element of the number of witnesses is shown to be important. 5. Appeal and error, § 1491*—when exclusion of evidence is harmless error. It is not reversible error to refuse to admit in evidence exhibits consisting of certain records made by a witness with a machine invented by him where he is allowed to give the results of his tests to the jury.

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203 Ill. App. 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-alton-southern-railroad-illappct-1916.