Wright v. Somers
Appellate Court of Illinois
Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Wxndes, Judge, presiding. Heard in this court at the March term, 1905, Statement hy the Court. Appellant sued a street car company to recover damages for alleged injuries. In the trial he called appellee as a witness. After the trial appellee demanded thát appellant pay him $200- for his. loss of time occasioned by said suit and trial.
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Action of assumpsit. Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Wxndes, Judge, presiding. Heard in this court at the March term, 1905, Statement hy the Court. Appellant sued a street car company to recover damages for alleged injuries. In the trial he called appellee as a witness. After the trial appellee demanded thát appellant pay him $200- for his. loss of time occasioned by said suit and trial. Payment being refused, appellee brought suit, and in a trial in the Circuit Court recovered judgment in 'the sum of $200. This appeal followed.
1Opinion of the CourtJustice Ball
The evidence for appellee tended to prove that appellant had agreed to pay him $200 for his loss of time, whether or not appellant was successful in his suit. That of appellant that he never agreed to pay appellee any definite sum ' for his sendees.
The learned trial judge gave the following instruction:
“If the jury believe from the evidence that the defendant agreed to pay the plaintiff, Somers, $200 for his services as a witness, whether the defendant was successful in his suit or not, then your verdict should be in favor of the plaintiff. But if you believe from the evidence that the…
2Cases cited4 opinions
- Gillett v. Board of SupervisorsIllinois Supreme Court · 1873
- Dodge v. StilesSupreme Court of Connecticut · 1857
- Quirk v. MullerMontana Supreme Court · 1894
- Walker v. CookAppellate Court of Illinois · 1889
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