Illinois Central Railroad v. Nunn

Citations

• 51 Ill. 78

Syllabus

<p>1. Error will not always bevebse. Where an instruction given by the court is as favorable to a party as the law would authorize, and even more so, he cannot allege that it is erroneous.</p> <p>2. Negligence—grass and weeds upon a railroad track—a question of fact for the ¡wry. In an action against a railroad company to recover for injury resulting to premises adjoining a railroad, by reason of fire communicated because of dry grass and weeds accumulating upon the right of way, the question of comparative negligence on the part of the plaintiff and the company, in respect to the accumulation of such combustible material, is a question of fact properly left to the jury.</p>