Wood & Co. v. Illinois Central Railroad

Mr. Presiding Justice Barnes

delivered the opinion of the court.

This case was tried before the court without a jury on a single count of the declaration, and the plea of general issue. At the conclusion of plaintiff’s evidence, the court, on defendant’s motion, made a finding and entered judgment in favor of defendant, from which this appeal is taken.

The real question presented is whether plaintiff’s evidence, with the legitimate conclusions therefrom, fairly tends to sustain the cause of action as laid down in the declaration.

Said count charges defendant as “initial carrier” with having…