Chicago City Railway Co. v. Jennings
Appellate Court of Illinois
M emorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. George W. Blanke. Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed. Statement of the Case.
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M emorandum.—Action for personal injuries. In the Superior Court of Cook County; the Hon. George W. Blanke. Judge, presiding. Declaration in case; plea of not guilty; trial by jury; verdict and judgment for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed. Statement of the Case. This action was brought by appellee, M. C. Jennings, against appellant, Chicago City Railway Company, to recover damages by reason of injuries to a certain phaeton of appellee, alleged to have been caused by a certain collision between it and a train of appellant. The…
1Opinion of the Court
Hr. Presiding Justice Waterman
delivered the opinion of the Court.
It is a fundamental principle of pleading that a party is not required to plead the evidence by which his action is to be maintained.
It is also true that a plaintiff in charging negligence of a defendant, is bound to set forth the negligence on account of which he seeks a recovery.
Testing the declaration under consideration by these rules, and we find that the plaintiff has not merely declared that the defendant by his negligent conduct injured his, plaintiff’s, phaeton, but he avers that the defendant so carelessly and…
2Cited by2 opinions
- Alton Railway v. FouldsAppellate Court of Illinois · 1899
- Chicago & Alton Railroad v. RedmondAppellate Court of Illinois · 1897