Ware v. Illinois Central Railroad
Appellate Court of Illinois
Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Statement by the Court. This is an appeal from a judgment of the Circuit Court of Cook County in favor of the appellee against appellant for costs. The judgment was on the verdict of a jury, but this verdict was one directed by the court. The action was for the alleged negligence of the appellee, by which the appellant lost his arm.
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Action on the case for personal injuries. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding. Statement by the Court. This is an appeal from a judgment of the Circuit Court of Cook County in favor of the appellee against appellant for costs. The judgment was on the verdict of a jury, but this verdict was one directed by the court. The action was for the alleged negligence of the appellee, by which the appellant lost his arm. The injury sued for occurred in 1891, when the appellant was a child eleven years old, and the suit was brought when he became of age.…
1Opinion of the CourtJustice Brown
Appellee’s counsel in their brief in this case declare it to be the law that “If, at the close of all the evidence the trial court shall be of the opinion, from a consideration of all the evidence, a verdict for the plaintiff ought not to stand, if one is returned, it is the duty of the court to instruct the jury to find for the defendant.” This is not the law. It has been emphatically declared by the Supreme Court not to be the law in many late cases. See Woodman v. Illinois Trust & Savings Bank, 211 Ill. 578, and the cases which are therein cited, especially Chicago City Railway Co. v.…
2Cases cited7 opinions
- Frazer v. HoweIllinois Supreme Court · 1883
- Woodman v. Illinois Trust & Savings BankIllinois Supreme Court · 1904
- Rack v. Chicago City Railway Co.Illinois Supreme Court · 1898
- Chicago City Railway Co. v. MartensenIllinois Supreme Court · 1902
- Hoehn v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1894
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3Cited by1 opinion
- Malewski v. MackiewichAppellate Court of Illinois · 1935