Eastman v. West Chicago St. R. R.

31b. Justice Adams

delivered the opinion of the court.

This was an action by appellant to recover damages for the death of his intestate, alleged to have been occasioned by the .negligence of appellee. The jury found appellee not guilty. The evidence, although sufficient, in our opinion, to warrant a verdict for appellee, was conflicting on material matters. The court, by appellee’s request, gave to the jury the following instruction:

“The jury are instructed that the fact that the number of witnesses testifying on one side is larger than the number testifying on the other side, does not…