Henderson v. Chicago, B. & Q. R. R. Co.

Mr. Presiding Justice Adams

delivered the opinion op the Court.

The plaintiff in error sued defendant in error in case for negligence • resulting in injury to the person of plaintiff. The court, at the conclusion of the plaintiff’s evidence, instructed the jury that he had failed to prove his case, and that they should find the defendant • not guilty, and a verdict .and judgment were rendered accordingly. The question is whether the court erred in taking the case from the jury.

The defendant’s train, consisting of an engine, two baggage cars, a chair car, and a dining, car, in the order…