Manufacturers' Fuel Co. v. White
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. S. L. Dwight, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Christian county; the Hon. S. L. Dwight, Judge, presiding. This is an appeal from the judgment of the Appellate Court for the Third District affirming a judgment rendered by the circuit court of Christian county against Manufacturers’ Fuel Company, appellant, in favor of James White, appellee, by his next friend, John White, in an action on the case for personal injuries. The injuries complained of by appellee were occasioned by a kick from a mule owned by appellant, which appellee…
1Opinion of the CourtJustice Scott
It is first urged that the court should have directed a verdict for the defendant because there was no evidence that the defendant ordered the plaintiff to use the animal, and that there was uncontradicted evidence that the plaintiff asked to be allowed to use the particular mule that injured him. We find, on examination of the abstract and the additional abstract, that there was evidence that the defendant did give the order as charged in the declaration and that the plaintiff testified that he did not ask to be allowed to use this animal. It is then said that the peremptory instruction…
2Cases cited3 opinions
- Scott v. WhiteIllinois Supreme Court · 1874
- Barnes v. BarnesSupreme Court of Connecticut · 1883
- Partridge v. ArnoldIllinois Supreme Court · 1874
3Cited by3 opinions
- Jackson Hill Coal Co. v. Van HentenryckIndiana Court of Appeals · 1918
- Johnson v. Wasson Coal Co.Appellate Court of Illinois · 1912
- Carney v. Donk Bros. Coal & Coke Co.Appellate Court of Illinois · 1911