Wabash Railroad v. Henks
Illinois Supreme Court
Appeal from the Appellate Court of the Third District; the Hon. Chauncey L. Higbee, presiding Justice, and the Hon. Oliver L. Davis, and Hon. Lyman Lacey, Justices. This was an action on the case, brought by the appellee against the appellant, to recover damages for a personal injury received by a collision of the defendant’s train, on August 31, 1877, with a wagon in which the plaintiff was riding.
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Appeal from the Appellate Court of the Third District; the Hon. Chauncey L. Higbee, presiding Justice, and the Hon. Oliver L. Davis, and Hon. Lyman Lacey, Justices. This was an action on the case, brought by the appellee against the appellant, to recover damages for a personal injury received by a collision of the defendant’s train, on August 31, 1877, with a wagon in which the plaintiff was riding. The collision took place in the city of Springfield, at the intersection of Monroe street with defendant’s track, while the wagon was in the act of crossing the track. The trial in the circuit…
1Opinion of the CourtJustice Walker
delivered the opinion of the.Court:
The Appellate Court having determined that the evidence preserved in the record sustains the finding of the jury in this case, we must, under the statute, consider the verdict conclusive of the facts. Eegarding the facts as settled we can only, look to ascertain whether the court erred in its rulings and in giving or refusing instructions.
This is the practice established by the act of 1877. The 89th section of that act expressly limits the power of this court, on appeal or error, to the determination of questions of law, and prohibits the assignment of error…
2Cases cited1 opinion
- Chicago & Alton R. R. v. MurrayIllinois Supreme Court · 1872
3Cited by21 opinions
- Overtoom v. Chicago & Eastern Illinois RailroadIllinois Supreme Court · 1899
- Peters v. MadiganAppellate Court of Illinois · 1931
- Dowdey v. PalmerIllinois Supreme Court · 1919
- Illinois Central Railroad v. SandersAppellate Court of Illinois · 1895
- Lake Shore & Michigan Southern Railway Co. v. MayAppellate Court of Illinois · 1889
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