Chicago, Burlington & Quincy Railroad v. Van Patten
Illinois Supreme Court
Appeal from the Circuit Court of Peoria county; the Hon. J. W. Cochrane, Judge, presiding. This was an action on the case by Buby Van Patten, administratrix of the estate of Matthew B. Van Patten, deceased, against the appellant. The material facts of the case are stated in the opinion of the court. The jury found for the plaintiff, and assessed her damages at $5,000, upon which judgment was rendered, the court refusing to grant a new trial.
1Opinion of the CourtJustice Scholfield
This case was before us at a former term, and will be found reported in 64 Ill. 512, to which we refer for a statement of the grounds of the action.
The last trial in the court below, like the first, resulted in a verdict and judgment in favor of the plaintiff.
When we can see, from all the evidence, the right is so clearly with the successful party that the same verdict must necessarily have been rendered had the jury been correctly instructed on the law, our practice is to decline to reverse and remand for error in the instructions alone; but when the right of the successful party is not…
2Cases cited1 opinion
- Chicago & Alton Railroad v. JacobsIllinois Supreme Court · 1872
3Cited by5 opinions
- Gorden v. GordenIllinois Supreme Court · 1918
- Roby v. MurphyAppellate Court of Illinois · 1888
- O'Donnell v. Armour Curled Hair WorksAppellate Court of Illinois · 1903
- London Guarantee & Accident Co. v. Great Northern RailroadWisconsin Supreme Court · 1928
- Cully v. People ex rel. DunlapAppellate Court of Illinois · 1898