Swift & Co. v. Rutkowski
Appellate Court of Illinois
Trespass on the Cáse, for personal injuries. Trial in the Superior Court of Cook County; the Hon. George A. Trude, Judge, presiding. Verdict and judgment for plaintiff. Appeal by defendant. Heard in this court at the October term, 1898.
1Opinion of the Court
Mr. Presiding Justice Windes,
after making the foregoing statement, delivered the opinion of the court.
It is claimed, first, that there was a variance between the declaration and the proof, and that on account thereof the court should have taken from the consideration of the jury the second count of January 28, 1896, and the second and fourth additional counts of July 15, 1897. At the close of the plaintiff’s evidence appellant’s counsel moved the court “ to eliminate these counts from the consideration of the jury, and to exclude all evidence in the case as to these counts, upon the ground of…
2Cases cited6 opinions
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Swift & Co. v. MaddenIllinois Supreme Court · 1897
- Chicago & Alton Railroad v. Margaret HouseIllinois Supreme Court · 1898
- Westville Coal Co. v. SchwartzIllinois Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Yeates v. Illinois Central RailroadAppellate Court of Illinois · 1908