Illinois Central Railroad v. O'Keefe
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Union county; the Hon. J. P. Robarts, Judge, presiding. This was an action on the case, brought in the Union circuit court by the administratrix of John O’Keefe, deceased. The facts upon which it is claimed the plaintiff’s cause of action rests are few, and we believe there is no conflict in the evidence as to any. of the facts that are material.
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Appeal from the Appellate Court for the Fourth District; — heard in that court on appeal from the Circuit Court of Union county; the Hon. J. P. Robarts, Judge, presiding. This was an action on the case, brought in the Union circuit court by the administratrix of John O’Keefe, deceased. The facts upon which it is claimed the plaintiff’s cause of action rests are few, and we believe there is no conflict in the evidence as to any. of the facts that are material. John O’Keefe held a free pass from the appellant over ttm Illinois Central railroad for the year 1892, which free pass had endorsed…
1Opinion of the Court
Phillips, J.:
In this State the rule is settled that an appellate tribunal cannot inquire into the sufficiency of the evidence to support a judgment unless there is an exception to the finding and judgment when tried by the judge without a jury, or a motion for new trial and exception to the overruling of the same where a trial is had by jury. (See Firemen’s Ins. Co. v. Peek, 126 Ill. 493, and cases cited.) At common law the granting of a new trial was a question of discretion, and an exception to overruling a motion for new trial was unknown to the practice, under the strict rules of the…
2Cases cited6 opinions
- Schmidt v. Chicago & Northwestern Ry. Co.Illinois Supreme Court · 1876
- Firemen's Insurance v. PeckIllinois Supreme Court · 1888
- Nason v. LetzIllinois Supreme Court · 1874
- Reichwald v. GaylordIllinois Supreme Court · 1874
- McClurkin v. EwingIllinois Supreme Court · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Yarber v. Chicago & Alton Railway Co.Illinois Supreme Court · 1908
- Chicago & Eastern Illinois Railroad v. SchmitzIllinois Supreme Court · 1904
- Chicago City Railway Co. v. SmithIllinois Supreme Court · 1907
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
- West Chicago Street Railroad v. KruegerIllinois Supreme Court · 1897
44 more not listed; retrieve them via the Exa API.