Illinois Supreme Court October 11, 1895 (New York, Chicago & St. Louis Railroad v. Blumenthal)

Mr. Justice Magruder

delivered the opinion of the court:

The first contention of the appellant is, that the court refused to give the first instruction asked by the defendant below, which was that the evidence was insufficient to maintain the plaintiff’s case as charged in his declaration, and that, therefore, the verdict should be for the defendant.