Wabash, St. Louis & Pacific Railway Co. v. Coble
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action on the case, by appellee, against appellant, for negligence resulting in personal injuries. Judgment was rendered in the circuit court, for the plaintiff, for $3000, and this, on appeal to the Appellate Court for the Third District, was affirmed.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Macon county; the Hon. C. B. Smith, Judge, presiding. This was an action on the case, by appellee, against appellant, for negligence resulting in personal injuries. Judgment was rendered in the circuit court, for the plaintiff, for $3000, and this, on appeal to the Appellate Court for the Third District, was affirmed. From that judgment of affirmance this appeal is prosecuted.
1Opinion of the CourtChief Justice Scholfield
The question of variance between the allegations and proofs can not be entertained. No motion was made in the circuit court to exclude the evidence from the jury on the ground of variance, nor was that court asked to instruct the jury in that regard. (Doyle v. Douglas Machinery Co. 73 Ill. 273.)
And since we can not say that the evidence does not tend to prove the issues on behalf of appellee, the action of the Appellate Court in affirming the judgment is conclusive as to the questions of fact. Fitch v. Johnson, 104 Ill. 111; Edgerton v. Weaver et al. 105 id. 43; Chicago and Eastern Illinois…
2Cases cited3 opinions
- Fitch v. JohnsonIllinois Supreme Court · 1882
- Chicago, Burlington & Quincy Railroad v. DoughertyIllinois Supreme Court · 1884
- Doyle v. Frank Douglas Machinery Co.Illinois Supreme Court · 1874
3Cited by11 opinions
- Peoria, Decatur & Evansville Railway Co. v. RiceIllinois Supreme Court · 1893
- McCormick Harvesting Machine Co. v. BurandtIllinois Supreme Court · 1891
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1892
- Urban v. Pere Marquette RailroadAppellate Court of Illinois · 1930
- Alabama & Vicksburg Railway Co. v. HanesMississippi Supreme Court · 1891
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