Kirton v. North Chicago St. R. R.

On behalf of plaintiff in error it is contended that the trial court erred in instructing the jury. Instruction number 31 given at the instance of defendant in error is as follows, viz.:

“The court instructs the jury that mere negligence or inadvertence, or want of care, on the part of the defendant, will not sustain the plaintiff’s case; and even if the jury believe, from the evidence, that the defendant was guilty of negligence or inadvertence, or want of care, they can not find the defendant guilty unless the plaintiff also shows, by a preponderance of the evidence, the act of the defendant…