Toledo, Wabash & Western Railway Co. v. Brooks

Citations

• 81 Ill. 245

Syllabus

<p>1. Instruction—as to weight of evidence. In case of a conflict of evidence as to a particular fact, it is error for the court, in an instruction, to say to the jury which is the better evidence on the question, except in case of records, writings and other evidence, which is, in ils nature, conclusive, or can not be contradicted.</p> <p>2. Thus, on a question of marriage, an instruction to the jury that the testimony of the plaintiff to the fact of her marriage is better evidence bearing on the question than the alleged fact that there is no record at the proper place of such alleged marriage, is erroneous, as invading the province of the jury to weigh the evidence and pass upon its weight.</p> <p>3. Death—when party suing is not the wife of the deceased.. Where a party suing to recover damages for wrongfully causing the death of another, claims to have been his wife at the time of the death, and there is no question as to the deceased having any other wife, the fact of the plaintiff’s marriage with the deceased is material. Where the suit' is brought by the personal representative, and two claim as widow, and the marriage to one or the other is not disputed, then the question of the marriage is not material, as the court, in ordering a distribution, must determine who is entitled to the damages recovered.</p> <p>4. Law akd tact—marrriage. The question whether persons are married is one of fact and not one of supposition, and, therefore, an instruction based upon the fact that a certificate of marriage was neglected to be filed, without showing a marriage or the existence of such certificate, is erroneous.</p> <p>5. Railboad—liability for injury to person wrongfully on its train. If a person stealthily, and without the knowledge of any of the employees of a railway company, gets upon a train and secretes himself, for the purpose of passing from one place to another, no recovery can be had from the company for any personal injury he may sustain.</p> <p>6. Same—lia