Chicago & Erie Railroad v. Binkopski
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Fablin Q. Ball, Judge, presiding. Heard in this court at the March term, 1897. Reversed and remanded. Opinion filed July 15, 1897. Rehearing allowed and cause reheard at the October term, 1897. Reversed and remanded. Opinion filed December 16, 1897.
1Opinion of the CourtJustice Windes
Appellee recovered a verdict for $15,000 before a jury in the Superior Court, for personal injuries, on which, after a remittitur of $10,000 by appellee, said court entered judgment for $5,000, from which this appeal is prosecuted.
At the March term, 1897, of this court, said judgment was reversed (opinion July 15, 1897,) because of error, as shown by the abstract, in giving an instruction on behalf of plaintiff. It appeared, for the first time, on petition for a rehearing, that no such instruction was in fact given; that said instruction, though appearing by the abstract to have been given,…
2Cases cited7 opinions
- Illinois Central Railroad v. ColeIllinois Supreme Court · 1896
- Lœwenthal v. StrengIllinois Supreme Court · 1878
- Peoria Bridge Ass'n v. LoomisIllinois Supreme Court · 1858
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Chicago, Burlington & Quincy Railroad v. HinesAppellate Court of Illinois · 1892
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- Pittsburgh, Cincinnati, Chicago & St. Louis Ry. Co. v. StoryAppellate Court of Illinois · 1902
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