Heppenstall Steel Co. v. Wabash Railway Co.

(after stating the facts). This court has uniformly held that cases may be made by circumstantial evidence. This is not the adoption of the rule res ipsa loquitur, a rule not favored by this court. It has always been the rule of this jurisdiction that the jury should be permitted to draw legitimate inferences from the established facts. So to do is an entirely different thing than to permit the jury to speculate or guess what the facts are. In the instant .case the plaintiff’s proofs presented the following established facts for the consideration of the jury: (a.) That a railway track…