Schmidt v. Chicago & Northwestern Ry. Co.
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon, Lambert Tree, Judge, presiding. This was an action on the case, by Louisa Schmidt, against the Chicago and Northwestern Bailway Company and the city of Chicago, to recover damages for the death of Frederick Schmidt, the plaintiff’s intestate, caused by the negligence of the defendants, as was claimed. A trial was had, resulting in a verdict and judgment in favor of the defendants, to reverse which this appeal was taken.
1Opinion of the Court
Hr. Justice Walker
delivered the opinion of the Court:
It is first urged that the court erred in permitting each defendant to challenge peremptorily three jurors. The statute, chap. 110, sec. 49, p. 781, provides, that “ In all civil actions, each party shall he entitled to a challenge of three jurors, without showing cause for such challenge.” This provision has been in force since 1827, if not longer, and, as we understand, during all that time it has been the general practice, and so understood by the entire profession, that each side to the case, without reference to the number of persons…
2Cases cited2 opinions
- Nason v. LetzIllinois Supreme Court · 1874
- Cadwallader v. HarrisIllinois Supreme Court · 1875
3Cited by31 opinions
- Downey v. . FinucaneNew York Court of Appeals · 1912
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1895
- Mullery v. Great Northern Ry. Co.Montana Supreme Court · 1915
- North American Restaurant & Oyster House v. McElligottIllinois Supreme Court · 1907
- Agosta Vargas v. TióSupreme Court of Puerto Rico · 1963
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