Legal Opinion

Kinnare v. The Michigan Central R. R.

Appellate Court of Illinois

Decided June 14, 1897Published

Trespass on the Case, death from negligent act. Appeal from the Circuit Court of Cook County; the Hon. Frank Baker Judge, presiding.

1Opinion of the Court

Mr. Presiding Justice Shepard

delivered the opinion of the Court.

This action was brought by appellant, as administrator of the estate of B. F. Schmidt, deceased, to recover damages for negligently causing the death of said Schmidt.

At the close of the plaintiff’s case, the court, at the request of the defendant, peremptorily instructed the jury to return a verdict of not guilty.

The only question of law presented by the record is whether the court erred in giving such instruction, and that, in turn, depends upon whether the evidence failed to make a case for the jury to pass upon.

The bill of…

2Cases cited10 opinions

  1. James v. DexterIllinois Supreme Court · 1885
  2. Goodwillie v. City of Lake ViewIllinois Supreme Court · 1891
  3. Garrity v. Hamburger Co.Illinois Supreme Court · 1891
  4. Ballance v. LeonardIllinois Supreme Court · 1865
  5. Redner v. DavernAppellate Court of Illinois · 1891

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