United States Brewing Co. v. Stoltenberg
Illinois Supreme Court
Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. P. Vair, Judge, presiding. This is an action on the case, brought on January 6, I902, in the circuit court of Cook county by appellee, as administrator of John F. McHale, deceased, and against appellant to recover damages for injuries to the deceased, resulting in his death, alleged to have been caused by the negligence of the appellant.
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Appear from the Appellate Court for the First District;— heard in that court on appeal from the Circuit Court of Cook county; the Hon. E. P. Vair, Judge, presiding. This is an action on the case, brought on January 6, I902, in the circuit court of Cook county by appellee, as administrator of John F. McHale, deceased, and against appellant to recover damages for injuries to the deceased, resulting in his death, alleged to have been caused by the negligence of the appellant. The plea of the general issue was filed. The jury returned a verdict in favor of the appellee for $5000.00, and judgment…
1Opinion of the CourtJustice Magruder
First—The first ground, urged by the appellant in favor of the reversal of the judgment, is that certain instructions given for the appellee were erroneous.
The first instruction is said to be erroneous because it tells the jury that, if they “find from the evidence that the plaintiff has made out his case by a preponderance of the evidence, as alleged in the declaration, then the jury should find the defendant guilty,” etc. The objection, made to the instruction, is that it uses the words, “as alleged in the declaration.” This form of instruction has been approved by this court in a number of…
2Cases cited14 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- McRickard v. . FlintNew York Court of Appeals · 1889
- Baltimore & Ohio Southwestern Railway Co. v. ThenIllinois Supreme Court · 1896
- True & True Co. v. WodaIllinois Supreme Court · 1903
- H. Channon Co. v. HahnIllinois Supreme Court · 1901
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3Cited by55 opinions
- Oldfield v. WoodallWest Virginia Supreme Court · 1932
- Owen Motor Freight Lines v. Russell's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1935
- Kapka v. UrbaszewskiAppellate Court of Illinois · 1964
- Hill v. HilesAppellate Court of Illinois · 1941
- Murphy v. KumlerAppellate Court of Illinois · 1951
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