Bloomer v. Sherrill
Illinois Supreme Court
This was an action of trespass, for assault and battery, brought by the appellee against the appellant, and heard before •Sheldon, Judge, and a jury, at March term, 1850, and a verdict and judgment for $500. The defendant below (Bloomer,) prayed the appeal.
1Opinion of the Court
Opinion by Mr. Justice Catón :
Had the testimony of the witness, Byrne, been allowed to remain before the jury, we should not have complained \ and yet we cannot say that the Court erred in withdrawing it from them as immaterial. It is true, that great latitude is allowed on both sides, in cases of this kind, in the evidence to be admitted, calculated to affect the question of damages ; yet even here, testimony, the materiality of which cannot be pointed out, should be rejected. The testimony of the plaintiff below, showed that the defendant had pushed him down and broken or dislocated one of…
2Cited by2 opinions
- Harvey v. KeeganAppellate Court of Illinois · 1898
- Western Coal & Mining Co. v. NorvellAppellate Court of Illinois · 1918