Chicago, Burlington & Quincy Railroad v. Dvorak

Where, as in this case, the evidence is closely conflicting as to necessary elements of the plaintiff’s cause of action, we hold it to be a rule founded in the plainest principles of justice, and essential to its fair administration, that such party shall not be suffered to gain an undue advantage over the opposite party by means of defective and misleading instructions to the jury.

Of such a character is the one given for the plaintiff, and the modification by the court of the instruction asked on behalf of the defendant, complained of by the appellant. By both, the question of fact,…