Harris v. Shebek
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —-heard in that court on appeal from the Circuit Court of Cook County; the Hon. Frank Adams, Judge, presiding. This is an appeal from a judgment recovered at law by appellee against appellant for twu thousand dollars, in an action on the case for personal injuries resulting to the plaintiff through the negligence, as it is claimed, of the defendant, which judgment was thereafter affirmed by the Appellate Court.
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Appeal from the Appellate Court for the First District; —-heard in that court on appeal from the Circuit Court of Cook County; the Hon. Frank Adams, Judge, presiding. This is an appeal from a judgment recovered at law by appellee against appellant for twu thousand dollars, in an action on the case for personal injuries resulting to the plaintiff through the negligence, as it is claimed, of the defendant, which judgment was thereafter affirmed by the Appellate Court. Defendant was owner of a factory in the city of Chicago, wherein he was manufacturing ornamental brass and iron goods. Plaintiff…
1Opinion of the CourtJustice Phillips
The questions of fact as to whether the plaintiff was using due care and caution at the time of injury, and whether the defendant was guilty of negligence, are settled by the adjudications of the Circuit and Appellate Courts. The question presented as to whether the negligence proved differs from that alleged in the declaration is also a question of fact, where there is any evidence tending to support the declaration. Libby, McNeill & Libby v. Scherman, 146 Ill. 540. In the latter case it was held: <cTo present the question of variance as one of law, the evidence should have been objected to…
2Cases cited3 opinions
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Joliet, Aurora & Northern Railway Co. v. VelieIllinois Supreme Court · 1892
- Ames & Frost Co. v. StrachurskiIllinois Supreme Court · 1893
3Cited by14 opinions
- City of Chicago v. SebenIllinois Supreme Court · 1897
- People v. LeMorteIllinois Supreme Court · 1919
- Lynchburg Cotton Mills v. StanleySupreme Court of Virginia · 1904
- Van Meter v. GurneyAppellate Court of Illinois · 1926
- Inter-State Building & Loan Ass'n v. AyersAppellate Court of Illinois · 1897
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