Legal Opinion

Huff v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

Appellate Court of Illinois

Decided December 7, 1907Published

Action in case for death caused by alleged wrongful act. Appeal from the Circuit Court of Champaign county; the Hon. Solon Phil-brick, Judge, presiding.

1Opinion of the CourtJustice Puterbaugh

This cause is before this court for the second time. Upon the former appeal a judgment in favor of the plaintiff was reversed and the cause remanded for the reason that the trial court at the conclusion of the plaintiff’s evidence, upon motion of the defendants, instructed the jury to find the defendants guilty but improperly further instructed them to assess nominal damages only. The nature of the pleadings is sufficiently stated in the former opinion of this court which is reported under the title of Huff v. P. & E. Ry. Co., in 127 Ill. App. 242.

Upon remandment the suit was dismissed as to…

2Cases cited8 opinions

  1. New York, Chicago & St. Louis Railroad v. BlumenthalIllinois Supreme Court · 1895
  2. Peoria, Pekin & Jacksonville Railroad v. ReynoldsIllinois Supreme Court · 1878
  3. City of Bloomington v. OsterleIllinois Supreme Court · 1891
  4. Chicago City Railway Co. v. McClainIllinois Supreme Court · 1904
  5. McCulloch v. . DobsonNew York Court of Appeals · 1892

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