Fairbank Canning Co. v. Innes

Citations

• 125 Ill. 410
• 17 N.E. 720

Syllabus

<p>1. Appeal—reviewing the facts. Where there is evidence tending to prove the averments of the declaration in an action at law, this will preclude this court from investigating the controverted questions of fact.</p> <p>2. Same—negligence as a question of fact. In an action to recover damages for the death of plaintiff’s intestate, on the ground of negligence in the construction of an elevator, whereby the death was caused, the question whether the defendant was guilty of the negligence charged, is a question of fact, as to which the finding of the Appellate Court is conclusive.</p> <p>3. Instructions—refusal to repeat. A judgment will not be reversed for the refusal of the court to give an instruction, when the law is stated with sufficient fullness, and the substance of the refused instruction, in a large measure, is embodied in those given.</p>