Holtz v. Elgin, Joliet & Eastern Railway Co.

This case had its origin in a truck-train railroad crossing accident in which appellant received personal injuries for which he sought to recover damages. At the conclusion of appellant’s evidence a verdict was directed for appellee, and such action is questioned here.

In determining whether a peremptory instruction should be given, directing a verdict, the court must accept as true all facts which the evidence tends to prove and draw against the party requesting such instruction all inferences which the jury might reasonably draw. In case of conflicting evidence only that evidence most…