Elston & Wheeling Gravel Road Co. v. People ex rel. Pierce

Citations

• 96 Ill. 584
• 1880 Ill. LEXIS 74

Syllabus

<p>1. Instruction-—intimating an opinion on facts as evidence. In a proceeding by quo warranto against a gravel road corporation to deprive it of its franchise for not properly constructing its road, and not keeping the same in repair, the court should not in an instruction say to the jury they might take into consideration the fact of the gates being open, voluntarily on the part of the corporation, to show that such act was an admission by the defendant that the road at such times was not in proper repair, it being wholly a matter for the jury to say what effect, if any, should be given to such fact, without any intimation from the court as to any inferences to be drawn from it.</p> <p>2. Same—presenting a false issue. AVhere the question in issue was whether the defendant had made a good gravel road, of which fact there was evidence in the case, it was held, that an instruction leaving it to the jury to find if the road was constructed of a certain kind of gravel, and if the jury found such gravel was not good material out of which to construct a good gravel road, suitable for travel at all seasons, as a general rule they should find the defendant guilty, was calculated to mislead the jury, calling their attention from the true issue. ,,</p> <p>3. Same-—misleading and argumentative. An instruction which fails to present to the jury the real issue of fact, but presenting to their consideration subordinate and minor questions of fact, and which is argumentative and recites the testimony, is erroneous.</p> <p>4. Evidence—certified copies of reports of road inspectors. Under section 17, of “An act to provide for constructing, maintaining and keeping in repair plank, gravel or macadamized roads or pikes by a general law,” in force April 26, 1859, the reports of the road inspectors appointed by the county authorities are admissible as evidence for or against any corporation formed to construct such a road, not only in suits between such corporations and individuals res