Dalton v. Ogden Gas Co.
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honobe, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal by the plaintiff from a judgment upon a directed verdict of not guilty in an action on the case for personal inj'uries.
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Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. Lockwood Honobe, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal by the plaintiff from a judgment upon a directed verdict of not guilty in an action on the case for personal inj'uries. At the close of the evidence for the plaintiff, defendant moved that the jury be instructed to find the defendant not guilty. The court took the motion under advisement and reserved its ruling thereon until several witnesses had been calied and…
1Opinion of the CourtJustice Bakeb
The motion to direct a verdict was made at the close of plaintiff’s case, aud the case comes before us as though the motion had then been granted and the jury then instructed to find the defendant not guilty, and in determining the question whether the trial court erred in so directing the verdict, we can consider only the evidence for the plaintiff. In determining this question we are bound to consider the testimony most favorable to the plaintiff which the jury might believe in arriving at a conclusion favorable to the plaintiff, and if that testimony fairly tends to support and establish…
2Cases cited3 opinions
- Goldie v. WernerIllinois Supreme Court · 1894
- Hansell-Elcock Foundry Co. v. ClarkIllinois Supreme Court · 1905
- Pressed Steel Car Co. v. HerathIllinois Supreme Court · 1904
3Cited by1 opinion
- Schantz v. Northern Pacific Railway Co.North Dakota Supreme Court · 1920