Chicago City Railway Co. v. Fennimore
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge,- presiding. This is an action in case, brought in June, 1895, by the appellee against the appellant railway company to recover damages, sustained by her, for a personal injury.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge,- presiding. This is an action in case, brought in June, 1895, by the appellee against the appellant railway company to recover damages, sustained by her, for a personal injury. She charges in her declaration, that she was struck by one of appellant’s cable trains at the corner of Forty-eighth and State streets in the city of Chicago on the night of April 30, 1895. The trial in the court below resulted in verdict and judgment in…
1Opinion of the CourtChief Justice Magruder
Counsel for appellant say in their brief: “The grounds, upon which appellant relies for a reversal of the judgment herein, are: (1) That the verdict is against the evidence; (2) error in the giving of improper, and the refusal to give proper, instructions to the jury; (3) that the verdict is excessive.”
First—The statement, that the verdict is excessive, is, of course, merely another form of stating that the damages are excessive. We have frequently held that the amount of damages, sustained by the plaintiff in an action at law, is a question, of fact, which is not open for consideration in…
2Cases cited20 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Chicago & Northwestern Railway Co. v. HansenIllinois Supreme Court · 1897
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
- Taylor v. FelsingIllinois Supreme Court · 1896
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
15 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Humbert v. LowdenIllinois Supreme Court · 1944
- Pierson v. Lyon & HealyIllinois Supreme Court · 1909
- Langston v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1946
- Henry v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Illinois Supreme Court · 1908
- Chicago City Railway Co. v. BarkerIllinois Supreme Court · 1904
44 more not listed; retrieve them via the Exa API.