Illinois Central Railroad v. Haskins

Citations

• 115 Ill. 300
• 2 N.E. 654

Syllabus

<p>1. Negligence — a question of fact. In an action against a railway company to recover for a personal injury, on the ground of negligence, the question whether the plaintiff, at the time of receiving the injury, was using due care or was grossly negligent, is not one of law for the court to determine, but one of fact to be ascertained by the jury, under all the evidence. The same may be said in respect to comparative negligence of the parties.</p> <p>2. Appeal—reviewing the facts. Where the evidence in a cause tends to prove the existence of a given fact or state of facts, and they have been passed upon by a jury in a civil suit, their finding, unless set aside by the trial court or Appellate Court, is conclusive upon this court; and, in that regard, it is wholly immaterial whether this court thinks such finding is in accordance with the weight of evidence or not.</p> <p>3. Witness—credibility—how affected by his relations to the parties— as, employer and employe. In an action against a railway company for negligence, the jury, in determining what weight to give the testimony of a witness for the defendant, may take into consideration the fact that the relation of employer and employe exists between the company and the witness, and from this, and his manner of testifying, judge whether he is apparently influenced by such relation, and to what extent.</p> <p>4. In this case, the court was asked to instruct the jury, “that while they are the sole judges of the credibility of witnesses, they have no right to disregard the testimony of an unimpeached witness sworn on behalf of the defendant, simply because such witness is or was an employe of defendant, ”—to which the court added: “But the relation of any witness to a party to the suit, such as employe, is a matter proper for the consideration'of the jury, in the light of all the evidence, and if, after such consideration, it does not appear that the testimony of the witness has been influenced by such relation, then