Illinois Central R. R. v. Cozby

Appellant urges that the court erred in giving appellee’s first instruction. This instruction tells the jury that if they believe from the preponderance of the evidence that the-deceased was killed in manner and form as charged in the declaration, while in the exercise of due care and caution for his own safety and engaged in the discharge of his duty to appellant as a switchman, then .the jury should find for the plaintiff, and assess his damages at such an amount as the-widow and heirs of the deceased had sustained.

It is said that this instruction does not make negligence on the part of…