Illinois Central Railway Co. v. Basham

^Opinion of ti-ie Court by

Judge Clarke

Reversing.

This is an appeal from a judgment of $19,000.00' for personal injuries.

Although the instruction of which the defendant complains is erroneous in allowing damages for any negligence rather than that set up in the petition and described in the evidence, this error we are inclined to think could not have been prejudicial, because of another instruction which directed a verdict for defendant unless the jury believed the particular negligence relied on had *440been proven; however, this question need not be further considered or decided, since we have…