O'Donnell v. Elgin, Joliet & Eastern Ry. Co.

I concur in so much of the opinion as does not deal with the instructions. I think the instructions confused the jury and did not fully and correctly state the law. One cannot read this record, it seems to me, without reaching the conclusion that the evidence clearly preponderated in favor of the plaintiff, and the instructions misled the jury to a wrong result. I think the jury was confused and misled' by the instructions into believing it could not infer negligence from the breaking of the coupler but had to find that the breaking of the coupler was a question of whether the defendant had…