Donley v. Dougherty
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Ci-ietlain, Judge, presiding. This was an action on the case brought by appellee to recover damages for injuries claimed to have been received by him while using a broken and defective hay-cutter belonging to his employer, the appellant.
Read the full summary
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Ci-ietlain, Judge, presiding. This was an action on the case brought by appellee to recover damages for injuries claimed to have been received by him while using a broken and defective hay-cutter belonging to his employer, the appellant. The declaration proceeds upon the theory that such defect or imperfection was known to the defendant and also to the plaintiff, but that the plaintiff was ordered to use said machine, and did so use it for a short…
1Opinion of the CourtJustice Phillips
The only error assigned and argued by appellant is, that the court erred in giving instructions for appellee and in modifying an instruction asked by appellant. The first instruction given for plaintiff below was as follows:
“The court instructs the jury, that while, as a matter of law, the burden of proof is upon the plaintiff, Dougherty, and it is for him to prove his case by a preponderance of the evidence, still if the jury find that the evidence bearing upon the plaintiff's case preponderates in his favor, although but slightly, it would be sufficient for the jury to find the issues in…
2Cases cited2 opinions
- Missouri Furnace Co. v. AbendIllinois Supreme Court · 1883
- Taylor v. FelsingIllinois Supreme Court · 1896
3Cited by15 opinions
- Rice v. . Eureka Paper Co.New York Court of Appeals · 1903
- Chicago City Railway Co. v. NelsonIllinois Supreme Court · 1905
- Bennett v. Chicago City Railway Co.Illinois Supreme Court · 1909
- Detroit Crude-Oil Co. v. GrableCourt of Appeals for the Sixth Circuit · 1899
- Lander v. ShannonWashington Supreme Court · 1928
10 more not listed; retrieve them via the Exa API.