Legal Opinion · Dissent

West Chicago St. R. R. v. Levy

Appellate Court of Illinois

Decided April 11, 1899Published

Action fox* Pex’sonal Injuries,—Trial in the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant. Heard in the Branch Appellate Court at the March term, 1899.

1DissentJustice Horton

I can not concur in the above opinion. The object and purpose of pleading is to clearly settle and present a definite issue. To this end a declaration must state the cause of action with such definiteness that the defendant may be thereby advised as to what the plaintiff claims.

Plaintiff charges in the declaration that he ivas dangerously cut, bruised, wounded and injured, internally and externally; that his back, spine and brain were injured; that divers bones of his body, arms and limbs were fractured and broken; and that he was otherwise severely, dangerously and permanently injured, both…

2Cases cited10 opinions

  1. Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
  2. City of Chicago v. O'BrennanIllinois Supreme Court · 1872
  3. Olmstead v. BurkeIllinois Supreme Court · 1860
  4. Teagarden v. HetfieldIndiana Supreme Court · 1859
  5. Miles v. WestonIllinois Supreme Court · 1871

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