Coffey v. Sampsell
Appellate Court of Illinois
Action in case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the How. Paul Mo-Williams, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1911.
1Opinion of the CourtJustice Fitch
In this case the trial court, at the close of plaintiff’s evidence, instructed the jury to find the defendants not guilty. A motion for new trial was made , and overruled, and judgment entered against the plaintiff for costs. The plaintiff appeals and urges that there was some evidence fairly tending to sustain the averments of the plaintiff’s declaration, and therefore, the court erred in taking the case from the jury.
The negligence averred in the declaration is the alleged failure on the part of the motorman in charge of one of defendants’ street cars, on which the plaintiff’s intestate was…
2Cases cited9 opinions
- Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
- Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
- Rack v. Chicago City Railway Co.Illinois Supreme Court · 1898
- Chicago Union Traction Co. v. BrowdyIllinois Supreme Court · 1903
- Chicago Union Traction Co. v. MeeIllinois Supreme Court · 1905
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3Cited by1 opinion
- Plumb v. . Richmond Light R.R. Co.New York Court of Appeals · 1922