Chicago & Alton Railroad v. Robinson

Citations

• 106 Ill. 142
• 1883 Ill. LEXIS 151

Syllabus

<p>1. Instruction—as to matters not in issue. An instruction directing the attention of the jury to an element of liability not shown by the pleadings or evidence in the case, is calculated to mislead, and is erroneous. It is not proper to direct the attention of the jury to matters not in issue.</p> <p>2. Same—directing the jury as to what is the better evidence. It is obvious error for the court to announce to the jury what is the better evidence in a case, or what the jury may so regard. It is the province of the jury to say to what evidence they will attach the greater weight in case of a conflict, and with this right or privilege the court should not interfere.</p> <p>3. Same—assuming facts. An instruction which assumes the existence of material facts, without which the plaintiff can not recover, some of which are matters of contention between the parties, is erroneous.</p> <p>4. SAME'—generally■—as to character of signal to be given on railroad train approaching highway crossing. In an action against a railroad company to recover for an injury caused by a collision with a buggy while crossing the railroad, the court instructed the jury, in substance, that it was the duty of the railroad company, when its trains were about to cross a highway on a common level, to give “due warning,” so that a person traveling on the highway with a team and carriage might stop and allow the train to pass: Held, that the instruction ought not to have been given, as it might have led the jury to believe that the company was bound to do more than to ring a bell or sound a whistle.</p> <p>5. Evidence—affirmative and negative testimony—of their relative weight. In a suit against a railroad company for negligence in not giving the statutory signals on approaching a road crossing with a train, the jury are not, as a matter of law, justified in giving greater weight to the testimony of witnesses who state negatively that no bell was rung or whistle sounded, than to that of witnesses sta