Legal Opinion

Heatley v. George A. Fuller Co.

Appellate Court of Illinois

Decided November 14, 1911No. Gen. No. 15,789Published

Action in case for death caused by alleged wrongful act. Appeal from the Superior Court of Cook county; the Hon. Willard M. McEwen, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909.

1Opinion of the CourtJustice Smith

This action was brought by appellant ag’ainst ap-pellee for wrongfully causing the death of plaintiff’s testator. Upon the trial at the close of plaintiff’s evidence the trial court peremptorily instructed the jury to find the defendant not guilty, and entered judgment upon the verdict returned in accordance therewith.

The declaration consisted of four original and four additional counts. Upon examination of the different counts in the declaration we think they all set out substantially the slime negligence.

In the first count, which may be taken as a fair sample of all as to the negligence…

2Cases cited7 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Village of Montgomery v. RobertsonIllinois Supreme Court · 1907
  3. Richardson v. Anglo-American Provision Co.Appellate Court of Illinois · 1897
  4. Falkeneau Construction Co. v. GinleyAppellate Court of Illinois · 1907
  5. Murphy v. GreeleyMassachusetts Supreme Judicial Court · 1888

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