Chicago & Alton Railroad v. Shannon

Citations

• 43 Ill. 338

Syllabus

<p>1. Verdict—against the evidence. This court has repeatedly held, that unless the verdict of a jury is clearly against the evidence, it will not be disturbed. It is their province to pass upon the issues of fact, and interference will only be had to prevent a plain perversion of justice.</p> <p>2. Same — when there is conflicting testimony. When there is a conflict of testimony among witnesses with equal means of information, and standing equally unimpeached, and the issues have been fairly left to the jury, their verdict will not be disturbed, if the record contains evidence upon which it can be reasonably based, even though there is adverse testimony which would seem to preponderate.</p> <p>3. Evidence—concerning reputed condition of machinery. In an action to recover damages, caused by the explosion of a certain locomotive engine, the testimony of the employees of the company using it, that, among them, such engine had always been considered unsafe, is competent, for the purpose of showing that the person having care of the machinery of the road knew, or might have known, by reasonable diligence, that it was not safe. -</p> <p>4. Same—relating to theory and opinion. Evidence, relating to mere matters of theory and opinion, though often valuable, loses its weight when the witnesses are so circumstanced, that they have a strong interest in propounding one opinion or theory, rather than another.</p> <p>5. Baileoad companies—must know the condition of their machinery. Where a certain locomotive engine was reported to the employees of the company having charge of its machinery, as unsafe, and after such report,, they failed to ascertain its condition, the company cannot claim exemption by reason of such negligence on the part of its agents.</p> <p>6. Same —actual knowledge unnecessary—notice of lad condition sufficient If a locomotive engine, in use by a company, is unsafe, actual knowledge of the fact, by the persons having charge of the machinery of the road is no