Gilmore v. Fuller
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District; — heard in that court on writ of error to the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is an action of trespass on the case, brought on April 7,1899, by the defendant in error, a minor, suing by his next friend, Hollis D. Fuller, against the plaintiff in error, who, at the time of the commencement of the suit, was also a minor, but since the trial has attained his majority.
Read the full summary
Writ of Error to the Appellate Court for the Third District; — heard in that court on writ of error to the Circuit Court of Piatt county; the Hon. W. G. Cochran, Judge, presiding. This is an action of trespass on the case, brought on April 7,1899, by the defendant in error, a minor, suing by his next friend, Hollis D. Fuller, against the plaintiff in error, who, at the time of the commencement of the suit, was also a minor, but since the trial has attained his majority. The action was brought to recover damages for a personal injury. The trial below before the court and a jury resulted in…
1Opinion of the CourtChief Justice Magruder
At the close of the evidence of the defendant in error, the plaintiff in error submitted a written instruction to the court, directing the jury to find a verdict for the defendant. This instruction was refused, and exception was taken to such refusal. At the close of all the testimony, the plaintiff in error again made a motion to withdraw the evidence from the jury and to instruct the jury to find for the plaintiff in error. A written instruction to this effect was refused by the court, and plaintiff in error took exception to such refusal. We are of the opinion that the instruction should…
2Cases cited14 opinions
- Coppell v. HallSupreme Court of the United States · 1869
- Hall v. CorcoranMassachusetts Supreme Judicial Court · 1871
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Smith v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1876
- De Groot v. Van DuzerNew York Supreme Court · 1838
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State v. ParkerMissouri Court of Appeals · 1964
- Illinois Match Co. v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1911
- Nash v. MeyerIdaho Supreme Court · 1934
- Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
- Zuber v. Clarkson Construction Co.Supreme Court of Missouri · 1958
16 more not listed; retrieve them via the Exa API.