Horn v. Arnold, Schwinn & Co.
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Axel Chytraus, Judge, presiding. Heard ip this court at the March term, 1905.
1Opinion of the CourtJustice Ball
We refrain from discussing the details of the accident for the reason we are of the opinion that this case must be again submitted to a jury.
We have examined the evidence carefully and think that the case as now presented differs materially from that passed upon by the Branch Court in Arnold, Schwinn & Co. v. Horn, No. 9,724. Hence this case is res nova, which we must decide upon the record now before us. Penn Plate Glass Co. v. J. H. Rice Co., 216 Ill., 572. Whether the changes and contradictions in the evidence of appellant as given on a former trial and as given on the trial out of which…
2Cited by1 opinion
- Horn v. Arnold Schwinn & Co.Appellate Court of Illinois · 1909