Hopkins v. Indianapolis & St. Louis Railroad

Citations

• 78 Ill. 32

Syllabus

<p>1. Evidence—opinions of witnesses. In an action against a railway company to recover for personal injury received by the plaintiff while coupling cars, upon the question whether the plaintiff used due care, or acted imprudently, it is error to admit in evidence the opinions of witnesses engaged in the same business, as no question of science, skill or trade is involved. The facts only should be proved in such a case, and leave the jury to determine whether due care was used, uninfluenced by the opinions of others.</p> <p>2. Practice in Supreme Court—not always reverse for error. Where the whole record is open for inspection, this court will look to see where the right and justice of the case are, and although the court below may have erred in the admission of improper evidence, and in some of its instructions, yet if, by eliminating the improper testimony and instructions based on it, the plaintiff has made no case, a judgment against him will not be reversed.</p>