Baudler v. People's Gas Light & Coke Co.
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Error to the Superior Court of Cook-County; the Hon. Russell P. Goodwin. Judge presiding. Heard in this court at the October term, 1902.
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
When a case is taken from the jury by the trial judge and such action comes to us for examination on appeal, the question to be determined is, the whole record being considered, was there competent evidence, which, from its reasonable intendments and inferences, fairly tended to make out the plaintiff’s case. It was not for the trial court, nor is it for us, to weigh the evidence. This is the well-settled rule of our courts. Any other rule leaves the right of trial by jury to the judgment and discretion of the presiding judge—a…
2Cases cited4 opinions
- Braun v. CravenIllinois Supreme Court · 1898
- Smith v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1880
- Lanigan v. . New York Gas-Light CompanyNew York Court of Appeals · 1877
- Dunham Towing & Wrecking Co. v. DaudelinAppellate Court of Illinois · 1891
3Cited by1 opinion
- Maton Bros. v. Central Illinois Public Service Co.Appellate Court of Illinois · 1933