Toledo, Wabash & Western Railway Co. v. Morgan

Citations

• 72 Ill. 155

Syllabus

<p>1. Pleading and evidence—the evidence must establish the case made by the pleadings to warrant a recovery. If a party recovers in an action, it must be on the case made by the pleadings, and when a declaration, in a suit against a railroad company for damages caused by burning wheat stacks, alleges that the stacks were set on lire by sparks from a locomotive belonging to the company, evidence that the stacks were destroyed by a fire which originated in another field, even though such fire was occasioned by sparks from the defendant’s engine, will not sustain the averment in the declaration, and the plaintiff will not he entitled to recover.</p> <p>2. Purchaser—whether entitled to recover for prior damage. A railroad company is not liable to a party who purchases land after the road is constructed across it, for any damage done to the land in the construction of the road. If the owner of the land, at the time of the construction of the road, does not complain of the damage done to the land, his grantee certainhr can not.</p> <p>3. Verdict—not decisive of any fact when directly conflicting instructions are given. When the jury are told, in an instruction given on behalf of the plaintiff, that he is entitled to recover, and, in one given for the defendant, that the plaintiff is not entitled to recover, their verdict can not be regarded as settling any fact in the case, and no verdict they could render, under such circumstances, would be entitled to weight in the decision of the case.</p>