Illinois Central Railroad v. Batson

The vital question in this case is the refusal to give this instruction. If there is evidence to sustain thy verdict we find no reversible error in the record. If there is not evidence to sustain the verdict, reluctant as this court is to interfere with the finding of a jury, the judgment can not be affirmed. Two basic propositions are asserted by the declara- ’ tion and denied by the pleas. First, that the deceased at the time of the accident “was in the exercise of due care and caution for his own safety.” Second, that the defendant was guilty of negligence causing the death of…