Chicago, Rock Island & Pacific Railway Co. v. Lewis

Citations

• 109 Ill. 120
• 1884 Ill. LEXIS 1416

Syllabus

<p>1. Appeal—reviewing controverted questions of fact. An affirmance of the judgment of the circuit court, in an action to recover damages on account of negligence, by the Appellate Court, implies a finding of the facts the same as they were found by the trial court, and no further inquiry can be had in respect to them, the statute being peremptory that in such cases no assignment of error shall be allowed in this court which calls in question the determination of the inferior or Appellate Court upon controverted questions of fact.</p> <p>2. Practice—directing the jury as to their finding. Asking an instruction to withdraw a case from the jury, or directing them to find for the defendant, in its effect is treated the same as a demurrer to the evidence, which admits everything the evidence tends to prove. Where there is evidence tending to show a right of recovery in the plaintiff, it is error to instruct the jury to find for the defendant, although the court may believe the weight of the evidence is with the defendant.</p> <p>3. Where the facts of the case are undisputed or admitted, it becomes a question of law for the court to decide whether such admitted facts constitute a legal cause of action; but where the facts are disputed, and the evidence in respect to them is conflicting, such is not the case, and it is not for the court to find the facts, and from them say whether the law is for one party or the other.</p> <p>4. Contract—release of damages—whether binding, as being unfairly obtained. A release of all claim for damages growing out of a personal injury caused by negligence on the part of defendant, if fairly obtained by the agents of defendant, (a railway company,) and understandingly executed by the plaintiff, is an effectual bar to an action to recover for such injury.</p> <p>5. If a party, however, after receiving a serious personal injury as a passenger on a railway train, through negligence of the company, is induced to sign a release of all damages b