Legal Opinion

Dickey v. McDonnell

Illinois Supreme Court

Decided April 15, 1866PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of trespass for an alleged assault and battery, brought in the court below by Charlotte A. Dickey against John McDonnell. A trial resulted in a verdict and judgment in favor of the defendant. The plaintiff brings the cause to this court by appeal.

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Appeal from the Circuit Court of Cook county; the Hon. Erastus S. Williams, Judge, presiding. This was an action of trespass for an alleged assault and battery, brought in the court below by Charlotte A. Dickey against John McDonnell. A trial resulted in a verdict and judgment in favor of the defendant. The plaintiff brings the cause to this court by appeal. The only question considered by the court is in reference to the propriety of an instruction given on behalf of the defendant, and which is set forth in the opinion of the court.

1Opinion of the CourtJustice Lawrence

This was an action for assault and battery, the plaintiff also alleging that the defendant attempted to commit a rape upon her. Upon the trial the respective parties were sworn by consent, and the evidence was very contradictory. We do not propose to express any opinion upon it, nor to allude to it further than may be necessary, in order to show the objectionable character of one of the instructions. On motion of the defendant, the court gave the following instruction:

“ If the jury believe from the evidence that the plaintiff, on the evening of the day of the alleged assault, willingly rode…

2Cited by2 opinions

  1. Kramer v. WeigandNebraska Supreme Court · 1912
  2. Borchert v. BashNebraska Supreme Court · 1915

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