Legal Opinion

Carey-Lombard Lumber Co. v. Hunt

Appellate Court of Illinois

Decided June 4, 1894PublishedCited by 1 opinion

Memorandum.—Assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Samuel P. McConnell, Judge, presiding.

1Opinion of the CourtJustice Gary

For the appellee the court gave an instruction substantially like the first one held to be erroneous in Wickersham v. Beers, 20 Ill. App. 243, but made still worse by stating that “ it frequently happens that the witness ” makes mistakes, etc., and besides there was nothing in the case to which the instruction was relevant.

Language used by courts on questions of fact, among which is credit due to witnesses, is not to be repeated in instructions to juries. Fairbury v. Rogers, 98 Ill. 554; Pennsylvania Co. v. Conlan, 101 Ill. 93.

But yet this judgment is not to be reversed.

The suit is for lumber…

2Cases cited6 opinions

  1. Pennsylvania Co. v. ConlanIllinois Supreme Court · 1881
  2. Village of Fairbury v. RogersIllinois Supreme Court · 1881
  3. Dehner v. Helmbacher Forge & Rolling MillsAppellate Court of Illinois · 1880
  4. Wilcox v. RaddinAppellate Court of Illinois · 1880
  5. Wickersham v. BeersAppellate Court of Illinois · 1886

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Barger v. North Chicago Street R. R.Appellate Court of Illinois · 1894

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