North Chicago Street Railroad v. Fitzgibbons

Mr. Presiding Justice Shepard,

dissenting.

On the question that the verdict was against the weight of evidence, which is the view the majority of the court take, I do not agree. The jury and the trial judge saw and heard the witnesses and observed their manner of testifying, and I prefer to rely upon their conclusion rather than upon a conclusion arrived at from a bare reading of their testimony. The damages are greatér than the evidence seems to justify, and on that account, alone, if at all, can a reversal of the judgment be justified, in my opinion. But before reversing on that ground, I…