Illinois Iron & Metal Co. v. Weber

delivered the following dissenting opinion:

As the Appellate Court says in its opinion: “The theory of defense was that the brick wagon, upon which, appellee was riding, suddenly backed up so as to bring the appellee’s leg in contact with the pole of appellant’s wagon, and without fault of appellant’s driver. The theory of appellee was that the brick wagon was stopped and was standing still, when the driver of appellant’s wagon negligently proceeded until the pole of the wagon struck appellee.” The evidence was conflicting. A part of the testimony sustained the theory of the appellant, and a…