Lanski v. Chicago & North Western Railway Co.

In this case the defendant in error insists that this court cannot consider the contentions of the plaintiff in error because they turn on questions of law, and no propositions of law were submitted to the court at the time of trial and none are preserved in the record. We do not so hold. To preserve questions of law for the Supreme Court in cases in which that court has no jurisdiction to pass on controverted facts and which have been tried below without a jury, there must have been propositions of law offered and passed on; but that is not necessary to enable the Appellate Court, which…