Smaoska v. Chicago City Railway Co.

Mr.. Justice Freeman

delivered the opinion of the court.

It is sought to reverse the judgment on the ground that it was error for the Circuit Court to take the case from the jury at the close of plaintiff’s evidence. As has been often said, a motion to instruct the jury as in this case is in the nature of a demurrer to the evidence and should only be given where the evidence, with all inferences which may reasonably be drawn from it, is so insufficient that if a verdict were returned upon it, such verdict would have to be set aside. Upon such a motion no question as to the weight of the…