Toledo, Wabash & Western Railway Co. v. Moore

Citations

• 77 Ill. 217

Syllabus

<p>1. New trial—on finding of the facts. Where there is evidence from which the jury could properly find tlieir verdict, it will not be disturbed, although the evidence mat', in the opinion of this court, justifj- a different result.</p> <p>2. If there is a total failure of the evidence, or if the verdict is manifestly against the weight of the evidence, it is the duty of the court to award a new trial and submit, the cause to another jury.</p> <p>3. Same—where the evidence is conflicting. Where the evidence is conflicting, and the witnesses have the same means of information’and are cqualfy credible, this court will not interfere with the finding of the jury unless there should be a clear and manifest want of evidence upon which to base it.</p> <p>4. Negligence—prima facie evidence of. The fact of the explosion of the boiler of a locomotive and killing of a person not in the employ of the railroad company, and in no way connected with it, is prima facie evidence of negligence in the company.</p> <p>5. But where such au explosion happens, through the negligent manner in which the engine is managed by the engine-driver, and kills the latter; or, if he had good reason to believe the boiler was unsafe; or if, h)' the exercise of ordinary skill, he could have ic-arned that the engine was unsafe, and still used it, no recovery can be had for his death; and in a suit by his personal representative to recover for his death, the explosion will not afford prima facie evidence of negligence against the company.</p> <p>6. Same—instruction as to evidence of. In a suit by an administratrix against a railroad compan3 to recover for the death of her intestate, who was an engine-driver of the company when killed Iw an explosion of the boiler of his engine, the court instructed the jury that, if the deceased used due care in running the engine, and it was no part of his duty to make a critical examination to ascertain the condition of the boiler, the bursting of the same was prima f