Indianapolis & St. Louis Railroad v. Estes

Citations

• 96 Ill. 470
• 1880 Ill. LEXIS 61

Syllabus

<p>1. -Law and tact. It is a question of law whether there is evidence tending to prove a cause of action, but it is a question of fact whether the weight of evidence establishes a cause of action.</p> <p>2. Negligence—me of defective machinery. It is the duty of a railway company to furnish,'for the use of its road, suitable and.safe machinery, and if a fireman, while in the employ of the company, and discharging his duty, without fault on his part, in consequence of an unsafe and improper pilot or eowcatcher, used by the company with knowledge of its defects, receives a personai injury, the company will be liable to him.</p> <p>3. Practice—specific objection. An objection to the admission of evidence ■ in the trial court, upon the ground of an alleged variance between the allegations in the declaration and the proof objected to, can not avail in this court unless that specific ground of objection was made in the trial court, as, had such ground of objection been specifically made, it could have been obviated by an amendment of the declaration.</p>