Davis v. Walker

Citations

• 60 Ill. 452

Syllabus

<p>1. Jubok — competency. Where a juror answers that he has a fixed opinion on one of the points in issue to he tried, he is incompetent, and it is error to receive him against the objections of the party who challenges him for cause. Such a juror would not be inclined to give due weight to evidence adverse to his preconceived opinion, and is not indifferent between the parties.</p> <p>2. Texas cattle — damages by communicating Spanish fever. The act of the general assembly assumes that Texas cattle, although free from disease, do communicate disease to other cattle, and whilst it is the duty of courts to enforce the act, it is not a legal presumption that this theory is true. That is a question of fact to be determined by a-jury. The act makes the owner of Texas cattle liable for damages sustained from disease communicated by them, but it does not require a jury to believe, without evidence, or that it is a recognized scientific fact, that the disease is thus oommunicated. The act does not say the jury, in a suit for damages, must accept such a theory as true.</p>