Illinois Steel Co. v. McFadden
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Doebance Dibell, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Doebance Dibell, Judge, presiding. The Appellate Court makes the following statement of facts in this case: “This was an action on the case, brought by appellee against the Illinois Steel Company, charging the latter with negligently causing the death of appellee’s intestate, Harry Walsh, on May 22, 1899. The first count of the declaration charged that the defendant ordered said Harry Walsh to go upon a certain platform at a blast furnace in one of its…
1Opinion of the CourtJustice Magruder
First—At the close of the plaintiff’s evidence, the appellant moved to exclude all his evidence from the jury. This was denied; and a written instruction to find for the defendant was tendered and refused, and due exception was taken. At the close of all the proof, defendant tendered an instruction in writing instructing the jury to find for the defendant. The court refused it, and defendant took an exception.
“The law is well settled that where there is evidence tending to establish a cause of action, it is not error to refuse a peremptory instruction to find for the defendant.” (Graver Tank…
2Cases cited5 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Noyes v. SmithSupreme Court of Vermont · 1855
- William Graver Tank Works v. O'DonnellIllinois Supreme Court · 1901
- Metropolitan West Side Elevated Railroad v. SkolaIllinois Supreme Court · 1899
- Chicago Edison Co. v. MorenIllinois Supreme Court · 1900
3Cited by20 opinions
- Hills v. Bridgeview Little League Ass'nIllinois Supreme Court · 2000
- Slack v. HarrisIllinois Supreme Court · 1902
- Beresford v. American Coal Co.Supreme Court of Iowa · 1904
- National Steel Co. v. LoweCourt of Appeals for the Sixth Circuit · 1904
- Brennan v. Electrical Installation Co.Appellate Court of Illinois · 1905
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