Chicago & Eastern Illinois Railroad v. Fowler

It is urged with some insistence under the. first point of appellant’s brief that this case should have been taken from the jury because, “the greater weight of the evidence did not sustain the allegations of negligence contained in the plaintiff’s declaration, but on the contrary showed negligence on the part of plaintiff’s intestate, causing his death.”

If the premise were correct, and if the greater weight of the evidence had been in effect as appellant states it, the conclusion would not follow. This would not have justified the court in taking the case from the jury by a peremptory…