East St. Louis & Carondelet Railway Co. v. Frazier

This cause has been tried three times in the lower court, and once in this, at the February term, 1886, and is reported in 19 Ill. App. 92, where will appear a sufficient statement of the facts for our present purpose. We then reversed the judgment for the reason that an instruction given on behalf of the plaintiff was deemed by us, under the authorities cited, to be erroneous.

On the re-trial of the cause in the court below the plaintiff asked no instructions, while ten were asked by the defendant, covering every point arising in the ease upon which the defendant relied as a defense, all of…