Smith v. Chicago, Rock Island and Pacific Railroad Co.

JACKSON, Justice.

We agree with the Appellate Court that this case must be reversed and remanded for new trial. However, we have granted certiorari because we are fearful that the Appellate Court’s view of a proper instruction on contributory negligence may be misleading to the trial court. The Appellate Court expressed the view that it is for the jury to determine whether contributory negligence exists, and if the jury finds contributory negligence exists, the jury has the discretion of denying plaintiff any recovery, or permitting plaintiff to recover irrespective of plaintiff’s contributory…