Hawk v. Ridgway
Illinois Supreme Court
Appeal from the Circuit Court of Morgan county; the Hon. David M. Woodson, Judge, presiding. On the 28th day of February, 1863, Richard H. Ridgway commenced his action of trespass vi et armis in the court below, against Alexander J. Hawk and John Gannon, alleging an assault and imprisonment without legal right, and laying his damages at two thousand dollars. The defendants pleaded the general issue, and the cause came on for trial before a jury.
Read the full summary
Appeal from the Circuit Court of Morgan county; the Hon. David M. Woodson, Judge, presiding. On the 28th day of February, 1863, Richard H. Ridgway commenced his action of trespass vi et armis in the court below, against Alexander J. Hawk and John Gannon, alleging an assault and imprisonment without legal right, and laying his damages at two thousand dollars. The defendants pleaded the general issue, and the cause came on for trial before a jury. The principal question arises upon the instructions given by the court on behalf of the plaintiff, which were as follows. 1. The court instructs the…
1Opinion of the CourtChief Justice Walker
It is insisted that the court erred in giving appellee’s instructions. No objection is perceived to the first and third of these instructions as given. The second, however, is wrong, as it assumes that the jury will find a verdict for appellee. It informs the jury, that in making up their verdict, they are authorized to take into consideration the pecuniary circumstances of appellants, and their ability to pay the verdict that might be rendered against them. This instruction takes from the jury the question whether appellants were guilty of the trespasses charged, and deprives them of the…
2Cases cited1 opinion
- Foote v. NicholsIllinois Supreme Court · 1862
3Cited by28 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Hazelwood v. Illinois Central Gulf RailroadAppellate Court of Illinois · 1983
- Burns v. CampbellSupreme Court of Alabama · 1882
- Smith v. HillIllinois Supreme Court · 1958
- The People v. ScalisiIllinois Supreme Court · 1926
23 more not listed; retrieve them via the Exa API.