Chicago Union Traction Co. v. Brethauer
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Robert W. Wright, Judge, presiding. This suit was brought by appellee against appellant in the superior court of Cook county, alleging damages sustained by reason of injuries received in being wrongfully ejected from one of appellant’s street cars in the city of Chicago.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. Robert W. Wright, Judge, presiding. This suit was brought by appellee against appellant in the superior court of Cook county, alleging damages sustained by reason of injuries received in being wrongfully ejected from one of appellant’s street cars in the city of Chicago. In June, 1904, appellee recovered a judgment for $10,000 on the verdict of a jury. Appellant prosecuted an appeal to the Appellate Court for the First District, where the judgment was…
1Opinion of the CourtJustice Vickers
At the close of all the evidence appellant offered an instruction as to each count directing a verdict for appellant and asked the court to give them to the jury, which was refused, and the exceptions preserved to this ruling present the first question for our determination.
Appellant contends that there was a material variance between the proofs and the declaration. This is only another way of saying that the proof does not support the declaration, and presents no other question for our consideration than would be raised by the usual contention that the declaration is not sustained by the…
2Cases cited12 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Libby, McNeill & Libby v. SchermanIllinois Supreme Court · 1893
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Wabash Western Railway Co. v. FriedmanIllinois Supreme Court · 1892
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
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3Cited by11 opinions
- LeMaster v. Amsted Industries, Inc.Appellate Court of Illinois · 1982
- Kennan v. Checker Taxi Co., Inc.Appellate Court of Illinois · 1993
- Smith v. CorsatSupreme Court of North Carolina · 1963
- Van Meter v. GurneyAppellate Court of Illinois · 1926
- Rosenthal v. HarkerUtah Supreme Court · 1920
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