Legal Opinion

Blakeslee's Express & Van Co. v. Ford

Illinois Supreme Court

Decided April 17, 1905PublishedCited by 5 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. W. Burke, Judge, presiding. This is an action on the case brought by appellee in the circuit Court of Cook county to recover damages for negligently causing the death of appellee’s intestate. The case has been tried three times before a jury in the circuit court of Cook county.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. F. W. Burke, Judge, presiding. This is an action on the case brought by appellee in the circuit Court of Cook county to recover damages for negligently causing the death of appellee’s intestate. The case has been tried three times before a jury in the circuit court of Cook county. At the first trial a peremptory instruction was given, at the close of all the evidence, directing a verdict for the defendant, but a new trial was subsequently granted. At the…

1Opinion of the CourtChief Justice Ricks

Appellant takes the position here that the matters involved in this appeal are res judicata under and by a former judgment of the Appellate Court. It appears from the record that the case was tried three times in the circuit court of Cook county. On the first trial the verdict was not guilty. On the second trial there was a verdict for the appellee for $3500. On appeal the Appellate Court for the First District reversed and remanded the cause for a new trial. The record of the Appellate Court on the first appeal is not before us, and we have no definite means of knowing what the judgment was.…

2Cases cited3 opinions

  1. Chicago City Railway Co. v. MartensenIllinois Supreme Court · 1902
  2. Henning v. EldridgeIllinois Supreme Court · 1893
  3. Friedman v. LesherIllinois Supreme Court · 1902

3Cited by5 opinions

  1. Zerulla v. Supreme Lodge Order of Mutual ProtectionIllinois Supreme Court · 1906
  2. Peterson v. PuseyIllinois Supreme Court · 1908
  3. Chicago Union Traction Co. v. BrethauerIllinois Supreme Court · 1906
  4. Williams v. LouisAppellate Court of Illinois · 1917
  5. Lane v. Yeomen of AmericaAppellate Court of Illinois · 1906

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