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

The court held properly in refusing the second instruction asked by defendant for two reasons: First, it contains a direction to the jury to find for [the defendant generally, if they find the one issue of fact in its favor, the condition of the bolt which broke, entirely ignoring the issues made upon the first and second counts of the declaration. The issues were presented whether the bolt was broken by the negligence of the engineer, and if so whether he occupied such a. relation to the plaintiff as constituted them fellow servant; within the rule prevailing in this State. Other issues may…