Legal Opinion

Lister v. McKee

Appellate Court of Illinois

Decided December 12, 1898PublishedCited by 5 opinions

Trespass, for assault and battery. Trial in the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.

1Opinion of the Court

He. Justice Adams

delivered the opinion of the court.

Appellee sued appellants in trespass for assault and battery. The jury found appellants guilty and assessed appellee’s damages at $10,000. Appellants moved for a new trial, whereupon appellee remitted $7,500 from the verdict, and the court overruled the motion for a new trial and rendered judgment for $2,500.

It is not claimed by appellee that the elder Lister struck him, and the evidence shows that he did not, but appellee claims and testified that he was present when his son, Joseph Lister, Jr., assaulted and beat appellee, and that the…

2Cases cited6 opinions

  1. Peaslee v. GlassIllinois Supreme Court · 1871
  2. Chicago City Railway Co. v. CanevinAppellate Court of Illinois · 1897
  3. Smith v. WunderlichIllinois Supreme Court · 1873
  4. Toledo, Wabash Western Railway Co. v. SmithIllinois Supreme Court · 1871
  5. Hilmes v. StroebelWisconsin Supreme Court · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Dunaway v. TrouttSupreme Court of Arkansas · 1960
  2. Martin v. LeslieAppellate Court of Illinois · 1901
  3. Sklan v. SmollaAppellate Court of Illinois · 1981
  4. Dunaway v. TrouttSupreme Court of Arkansas · 1960
  5. O'Donnell v. Kopp, Pennsylvania Court of Common Pleas, Lehigh County1936

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