Chicago & Alton Railroad v. Pennell
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding.
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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of McLean county; the Hon. Owen T. Reeves, Judge, presiding. This is an appeal from the judgment of the Appellate Court, affirming the judgment of the circuit court of McLean county, in an action on the case, brought by Pennell, against the railroad company, in May, 1875, seeking to recover the value of a hotel and its furniture, which was destroyed by fire on February 14, 1872, upon allegations that such loss was caused by the fault of the railroad company. The action was begun in…
1Opinion of the CourtJustice Dickey
When the case was passed upon by this court, (as shown in 94 Ill. 448,) it was our duty, by statute, to consider the weight of the evidence, and pass upon the same, in determining whether it was error in the circuit court to deny a new trial. Since that time the statute has relieved us of that duty, and findings of fact made or approved by the Appellate Court, in actions of this kind, are conclusive in this court, unless the record shows affirmatively that the circuit court committed some error as to the law of the case, which may have controlled the finding. In this case we can review only…
2Cases cited1 opinion
- Chicago & Alton Railroad v. PennellIllinois Supreme Court · 1880
3Cited by7 opinions
- Armour v. GolkowskaIllinois Supreme Court · 1903
- Chicago Hair & Bristle Co. v. MuellerIllinois Supreme Court · 1908
- Caywood v. FarrellIllinois Supreme Court · 1898
- People v. HuffmanIllinois Supreme Court · 1899
- Martin v. MartinIllinois Supreme Court · 1904
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