Feinberg v. Chicago, Burlington & Quincy Railroad

Mr. Presiding Justice Scanlan

delivered the opinion of the court.

A suit for damages for personal injuries sustained by plaintiff. At the conclusion of plaintiff’s case defendant made a motion, in writing, for a peremptory instruction, accompanied by an instruction, to find defendant not guilty, which motion and instruction were refused. Defendant offered no evidence, but again moved for a peremptory instruction of not guilty, accompanied by a written instruction to that effect, and the trial court reserved its ruling upon the motion and instruction. The jury returned a verdict finding…