Lamb v. Alton, Granite & St. Louis Traction Co., 165 Ill. App. 656.

herein, appellee testified that when he went to get off the car he turned around and a wagon ran over his foot; that he did not fall down; that the wagon ran over his foot while standing, and that he didn't fall on the bridge while standing.

Fred Smith, a witness for appellee, testified that appellee fell down, clear down to the floor; that he fell backward; that he fell flat on the bridge and "kind of rolled as he fell;" that is, that he fell on his back, and then rolled over on his breast side to get up.

Edward Bresser, who claims to have been another eye witness of appellee to the transaction in question, says that the conductor put his hand on appellee's breast and pushed him off and he fell flat on the bridge, and that as he got up he saw him limping.

Under the evidence of appellee and of his two witnesses, who claim to have been eye witnesses to the accident, there appears to be an irreconcilable conflict. This in connection with the other facts and the testimony of the witnesses of appellant to the effect that the injury sustained did not happen at the place where appellee and his witnesses claim that it did happen, leads us to believe that we are not authorized to sustain the finding of the jury in this case.

We are clearly of the opinion that the verdict of the jury was contrary to the weight of the evidence, and being of that mind, the case is reversed and remanded. Reversed and remanded.

TOPICAL INDEX VOL. 165.

ACCOUNTING.

Awarded-when accounting should not be. p. 125.

ACTIONS AND DEFENSES.

Accident policy—when double indemnity recoverable under. p. 239.
Animals-when recovery cannot be had for injury to. p. 326.
Arbitration and award-what essential to valid award. p. 64.
Assumpsit-when joint liability not established. p. 248.

when money not tortiously obtained.

p. 248.

Common carriers-when conditions printed upon bill of lading not
binding upon shipper. p. 556.

Contracts-remedy for failure of corporation to execute.

Deceit-what not defense to action of. p. 337.

Employer and employe-right of former to discharge. p. 55.
Fraud-when representation material.

Infants-when personally liable. p. 598.

p. 288.

p. 55.

Injunctions-when do not lie to restrain right to prospect mine.
p. 390.

Insurance-burden to establish claim of additional premiums under
indemnity policies. p. 264.

Malicious prosecution-what conclusive evidence of probable cause.
p. 290.

what essential to recovery. p. 622.

Mandamus-when does not lie to compel laying of gas mains. p. 333.
Mechanic's liens-when subcontractor not entitled to lien. p. 36.
Negotiable instruments-when subject to defenses.

Release-effect of, to one joint tort-feasor. p. 222.

Set-off-what not proper subject of. p. 69.

Statute of Frauds-when lease not within. p. 214.

p. 420.

Statute of Limitations-when begins to run for injury to real prop-

erty. p. 408.

when new promise revives debt. p. 256.

Watercourses-when pollution confers right of action. p. 565.

ADMINISTRATION OF ESTATES.

Administration-in whom right of, not vested. p. 1.
County Court-when without jurisdiction. p. 540.

Executions-statute governing pro rating of proceeds construed.

p. 94.

Public administrator-duties of. p. 1.

when appointment of, improper. p. 1.

AMENDMENTS AND JEOFAILS.

Lapse of term-when judgment may be set aside after. p. 218.

ANIMALS.

Recovery-when recovery cannot be had for injury to. p. 326.

APPEALS AND ERRORS.

Absence of evidence-when cannot be urged. p. 177.

Arguments of counsel-when propriety of, not saved for review.
p. 354.

Assignments of error-when deemed waived. pp. 52, 259.

Assumpsit-when peremptory instruction proper.
Brief-effect of failure to file. p. 468.

p. 248.

p. 69.

Decrees-effect of uncertainty. p. 125.
Default-when refusal to enter, not subject to review. p. 312.
Erroneous evidence-when, afterwards stricken, will reverse.
Evidence of defects-when instruction excluding, proper. p. 234.
Findings when evidence presumed to support.
Finding by chancellor-effect of. p. 170.

p. 438.

Finding of court-when not subject to review. p. 438.

Incompetent evidence-when given by wife will not reverse. p. 627.
Instructions-approved form as to right of jury to consider aggrava-
tions resulting from surgical errors.

p. 548.

predicated upon evidence. p. 556.

when, as to inferences from failure to produce evidence er-
roneous. p. 191.

when as to right to disregard testimony erroneous.
when cannot be complained of. pp. 500, 529.

p. 394.

when care required of minor need not be limited. p. 234.
when containing abstract proposition will not reverse.
when definition of larceny erroneous.

p. 295.

when do not assume facts in dispute. p. 646.

when do not ignore defense of fellow-servants. p. 646.

p. 44.

Instructions-when erroneous will not reverse.

when improper will not reverse.
when inaccuracies will not reverse.
when peremptory properly given.
when refusal of correct will not
556, 603.

p. 374.

pp. 457, 529.

p. 19.
p. 157.
reverse.

when requires excessive degree of care.

pp. 295, 413, 548,

p. 295.

when, to disregard count, should be given. p. 485.
when upon care required of child erroneous.

p. 383.

when upon liability of common carrier proper. p. 556.
when upon question of damages in personal injury case er-
roneous. p. 190.

when upon question of damages in prima facie case not er-
roneous. p. 354.

Judgments-effect of excessive rendition.

Motion to dismiss-how must be made.

p. 105.

p. 420.

Motion to withdraw pleas-when ruling upon, not subject to re-

view. p. 438.

Newly discovered evidence—when does not require new trial. p. 275.
Object or except-effect of failure to. p. 23.
Original documents-how presented. p. 27.
Question of law-when not preserved. p. 438.

Res judicata-what not, by former appeal. p. 200.
Rulings upon instructions-when not considered. p. 27.
Separation of jury-effect of. p. 603.

Statement of claim-when objection to, comes too late.
Sufficiency of evidence-when not subject to review.

p. 175.

p. 27.

when, to support decree cannot be questioned. p. 114.
Verdicts-duty of Appellate Court to review. p. 52.

when duty of court to set aside.

p. 234.

when not disturbed. pp. 19, 87, 234, 274, 413, 424, 500, 529,
536, 646.

when set aside. pp. 448, 453, 468, 511, 544, 570, 656.

ARBITRATION AND AWARD.

Award-what essential to valid. p. 64.

Revocation-what works, of agreement to arbitrate.

p. 64.

ASSIGNMENTS.

Chose in action-when assignment of, void. p. 121.

ASSUMPSIT.

Common counts-what recoverable under.

p. 264.

Implied promise-what does not create, to pay in excess of contract

price. p. 434,

Joint liability-when not established.
p. 248.
Peremptory instruction—when proper. p. 248.
Tortiously obtained-when money not. p. 248.

County Court-when without jurisdiction. p. 540.

CRIMINAL LAW.

Complaint-when insufficiency of, not material. p. 431.
Criminal Code-section 56 construed.

CHANCERY.

p. 532.

Accounting-when should not be awarded. p. 125.

Cross-bill-when may be maintained. p. 521.

New trials-jurisdiction of chancery to grant. p. 218.

Relief when should not be granted. p. 125.

Rescission of contract-what essential to jurisdiction to grant.
p. 228.

when relief by way of not granted. p. 228.
Specific performance-when granted. p. 170.