St. Louis, Vandalia & Terre Haute R. R. v. Funk

Citations

• 85 Ill. 460

Syllabus

<p>1. Evidence—to overcome prima, facie case by escape of fire from engine. The statute having made the fact of the communication of fire by an engine on a railroad prima facie evidence of negligence on the part of those having the care and management of the engine, it is not sufficient to overcome this presumption to show that the engine was equipped with the proper appliances to prevent the escape of fire, and that the same was in good order, but it is also necessary to show that the engine was properly handled and managed by a competent and skillful engineer.</p> <p>2. Instruction—may be cured by others. Although an instruction may be1 slightly inaccurate as to the law, yet, if the jury are so fully and favorably instructed as to the same point, on the other side, as not to be misled, the error will not furnish grounds for a reversal.</p>