West Chicago Street Railroad v. Foster
Illinois Supreme Court
Appeal from, the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This was an action on the case, originally begun by Michael Connell, against appellant, for injuries alleged to have been received by him June 29, 1894, through the negligence of defendant, as charged, in running one of its cars against his wagon and throwing him out.
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Appeal from, the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Theodore Brent ano, Judge, presiding. This was an action on the case, originally begun by Michael Connell, against appellant, for injuries alleged to have been received by him June 29, 1894, through the negligence of defendant, as charged, in running one of its cars against his wagon and throwing him out. Connell died November 26, 1896, and appellee, Henry A. Foster, was appointed administrator of his estate, whereupon the death of Connell was suggested and…
1Opinion of the CourtJustice Phillips
Error is assigned by appellant on the refusal of the trial court to allow its motion, made at the close of plaintiff’s evidence, to take the case from the jury, which motion was renewed at the close of all the evidence. The record discloses that the motions were made as alleged, but neither of them was accompanied by an instruction. Such condition of the record presents no legal question for review in this court as to the refusal of the trial court to grant such motion. Where a motion is made*at the close of plaintiff’s evidence to take a case from the jury and direct a verdict for the…
2Cases cited2 opinions
- Peirce v. WaltersIllinois Supreme Court · 1897
- Calumet Electric Street Railway Co. v. ChristensonIllinois Supreme Court · 1897
3Cited by3 opinions
- Peoples Bank v. Aetna Casualty & Surety Co.Missouri Court of Appeals · 1930
- Variety Manufacturing Co. v. Mills Novelty Co.Appellate Court of Illinois · 1908
- Compass Sales Corp. v. National Mineral Co.Appellate Court of Illinois · 1944