Chicago & G. T. Ry. Co. v. Spurney
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Error to the Superior Court of Cook County; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the October term, 1900.
1Opinion of the CourtJustice Sears
The grounds upon which a reversal of this judgment is sought are, first, a variance between the evidence and the declaration, and, second, that the verdict is excessive.
It is argued that the evidence as to the alleged custom of the foreman to call out and give notice of starting the machinery in motion was at variance with the declaration, and that the court erred in overruling the objections to its introduction and in refusing to strike it out and to instruct the jury to find for the defendant below.
We are of opinion that this contention can not be sustained. Whether the gist of the…
2Cases cited2 opinions
- Chicago & Eastern Illinois R. R. v. ClemingerAppellate Court of Illinois · 1898
- Lake Erie & Western Railroad v. ChristisonAppellate Court of Illinois · 1891
3Cited by2 opinions
- Snedden v. Illinois Central RailroadAppellate Court of Illinois · 1924
- Swanson v. Peoria & Pekin Union Railway Co.Appellate Court of Illinois · 1920