Legal Opinion

Chicago & Rock Island Railroad v. Northern Illinois Coal & Iron Co.

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 4 opinions

Appeal from the Circuit Court of La Salle county; the Hon. M. E. Hollister, Judge, presiding. This was an action of assumpsit, commenced by the Northern Illinois Coal and Iron Co. of LaSalle, against the Chicago and Rock Island Railroad Co., to recover payment for water furnished by plaintiff to defendant.' It appears from the evidence, that an arrangement was made by the agents of the two companies, that defendant should complete a wall partly constructed, to secure an…

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Appeal from the Circuit Court of La Salle county; the Hon. M. E. Hollister, Judge, presiding. This was an action of assumpsit, commenced by the Northern Illinois Coal and Iron Co. of LaSalle, against the Chicago and Rock Island Railroad Co., to recover payment for water furnished by plaintiff to defendant.' It appears from the evidence, that an arrangement was made by the agents of the two companies, that defendant should complete a wall partly constructed, to secure an embankment, for which they were to have the use of the waste water, drawn from plaintiff’s coal shaft, as the agent of…

1Opinion of the CourtChief Justice Walker

Under the’general assignment'of error, that the court should have granted a new trial, the plaintiff' in error may urge the rejection of proper and the admission of improper evidénce. Also) the giving of improper and' the refusal' of proper instructions, and that the' evidence "does not sustain the verdict. - These are all grounds for granting a new trial, and need not be specifically enumerated, but are embraced in the general assignment of error that the court refused to grant a new trial.

It is insisted, in favor of a reversal, that the evidence fails to sustain the finding of the jury.…

2Cases cited1 opinion

  1. Chicago South Branch Dock Co. v. DunlapIllinois Supreme Court · 1863

3Cited by4 opinions

  1. Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
  2. Shaw v. PeopleIllinois Supreme Court · 1876
  3. Supple v. AgnewIllinois Supreme Court · 1903
  4. Chicago, B. & Q. R. R. v. HaselwoodAppellate Court of Illinois · 1900

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