Legal Opinion

Nellis v. Grand Trunk Western Railway Co.

Appellate Court of Illinois

Decided January 28, 1921No. Gen. No. 25,746PublishedCited by 1 opinion

Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1919.

1Opinion of the CourtJustice Gridley

Various points are here urged by counsel for defendant as grounds for a reversal of the judgment. Counsel’s main-point is, however, that the court erred in admitting in' evidence the said diversion orders (plaintiff’s exhibits 1 and 2), because they showed a contract between the parties different and at variance with the contract as averred in the several counts of the declaration, and in not granting defendant’s motion, made at the close of plaintiff’s testimony, to exclude all of plaintiff’s evidence because of such variance. We are of the opinion that the point is well taken.

It is…

2Cases cited3 opinions

  1. Central Railroad & Banking Co. v. TuckerSupreme Court of Georgia · 1887
  2. Deatwyler v. Oregon Railroad & Navigation Co.Appellate Court of Illinois · 1913
  3. Franklin Insurance v. SmithIllinois Supreme Court · 1876

3Cited by1 opinion

  1. Hardy v. DoblerAppellate Court of Illinois · 1928

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