Wabash Railroad v. Henks

Citations

• 91 Ill. 406

Syllabus

<p>1. Appeals prom the Appellate courts—what questions to be considered. The 89th section of the act of 1877 amendatory of the Practice act, expressly limits the power of this court, on appeal or error, to the determination of questions of law, and prohibits the assignment of error which shall call in question the determination of the inferior or Appellate courts upon controverted questions of fact, except in criminal cases, and cases involving a franchise, a freehold, or the validity of a statute.</p> <p>2. But in cases not within the exception above stated, this court may consider the facts so far as it may be necessary to determine whether the law has been properly applied to the facts, though for no other purpose.</p> <p>3. Practice—as to the mode of bringing the facts before this court. Upon a record brought to this court in which the Appellate court certifies that there was evidence tending to prove a particular controverted point, this court can determine as accurately whether the law has been properly applied as where all the evidence is given in the transcript;—and in respect to all those eases in which this court is precluded from examining as to the determination of the facts, it is much the better practice to make such a certificate.</p> <p>4. Same—presumption as to existence of facts in reference to instructions. Where an instruction is given, it will be presumed, unless the certificate of the Appellate Court is to the contrary, that there was evidence upon which to base it;—and when an instruction is refused, it will be presumed the facts did not require it unless the certificate shows a different state of case.</p> <p>6. Negligence—as to speed in street and public crossings. Railroad companies in cities and thoroughfares must conduct their trains and regulate their speed with reference to the safety of the public, or they will be liable for damages resulting from their negligence or willfulness in this respect. The running of a train at a street cross