Durham v. Goodwin

Citations

• 54 Ill. 469

Syllabus

<p>1. Trespass—whether it mU lie. In an action of trespass, to recover damages for injury done to plaintiff’s crops, by reason of the horses and mules of defendant being breachy^and entering the plaintiff’s fields, and thereby letting others in not owned by him, it was held, the defendant was not liable, in that form of action, for injury occasioned by the stock not his own, unless they were, at the time, under his management and control.</p> <p>2. Instructions—should not assume facts to be proven. An instruction that assumes certain facts in the case to be proven, is erroneous.</p> <p>3. Same—error in instructions obviated by being qualified in another. If one party procures an erroneous instruction to be given, and, at the instance of the opposite party, another is given, qualifying the former, the two instructions should be considered together, and if, when so considered, the law is correctly laid down, the error in the first should be regarded as corrected. •</p>