Legal Opinion

Muren Coal & Ice Co. v. Howell

Illinois Supreme Court

Decided October 26, 1903PublishedCited by 17 opinions

Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is an action in case, brought in the circuit court of St. Clair county against the-appellant company to recover damages for the death of the appellee’s intestate, August Schmidt. The trial resulted in verdict and judgment in favor of the appellee.

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Appeal from the Appellate Court for the Fourth District;—heard in that court on appeal from the Circuit Court of St. Clair county; the Hon. M. W. Schaefer, Judge, presiding. This is an action in case, brought in the circuit court of St. Clair county against the-appellant company to recover damages for the death of the appellee’s intestate, August Schmidt. The trial resulted in verdict and judgment in favor of the appellee. An appeal was taken to the Appellate Court where the judgment was affirmed; and the present appeal is prosecuted from such judgment of affirmance. The amended declaration,…

1Opinion of the CourtJustice Magruder

First—When the plaintiff rested, and at the close of all the testimony, the appellant asked the court to instruct the jury in writing to find the appellant not guilty as to the first count of the declaration, which request was refused; and appellant also-requested the court to instruct the jury to find the appellant not guilty as to the second count of the declaration, which request was also refused. To such refusal the appellant then and there excepted. The question is thus raised, whether or not the evidence tends to establish the cause of action; that is to say, whether or not the evidence…

2Cases cited6 opinions

  1. City of Freeport v. IsbellIllinois Supreme Court · 1876
  2. Keightlinger v. EganIllinois Supreme Court · 1872
  3. Cleveland, Cincinnati, Chicago & St. Louis Ry. Co. v. JenkinsIllinois Supreme Court · 1898
  4. Chicago, Rock Island & Pacific R. R. v. AustinIllinois Supreme Court · 1873
  5. Dady v. ConditIllinois Supreme Court · 1900

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3Cited by17 opinions

  1. Wolczek v. Public Service Co.Illinois Supreme Court · 1930
  2. Kellyville Coal Co. v. StrineIllinois Supreme Court · 1905
  3. Donk Bros. Coal & Coke Co. v. ThilIllinois Supreme Court · 1907
  4. Illinois Terminal Railroad v. ThompsonIllinois Supreme Court · 1904
  5. City of Chicago v. Van Schaack Bros. Chemical Works, Inc.Illinois Supreme Court · 1928

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