Probst Construction Co. v. Foley
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. This is an action on the case, brought in the circuit court of Cook county by appellee, against appellant, to recover damages for personal injuries. The trial resulted in a verdict and judgment in favor of appellee for $5000. Said judgment was affirmed by the Appellate Court.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Richard W. Clifford, Judge, presiding. This is an action on the case, brought in the circuit court of Cook county by appellee, against appellant, to recover damages for personal injuries. The trial resulted in a verdict and judgment in favor of appellee for $5000. Said judgment was affirmed by the Appellate Court. The appellant was engaged in the contracting and construction business, and had charge of the erection of the Schiller Theater building, at 103…
1Opinion of the CourtJustice Baker
At the close of plaintiff’s case the defendant moved the court to instruct the jury to find for the defendant, on the ground of a variance between the pleadings and evidence, and that the evidence introduced did not prove or tend to prove a cause of action against the defendant. The overruling of said motion is assigned for error. In order to raise the question of variance it was necessary for the defendant to indicate specifically the variance and point out in what it consisted, so as to enable the court to pass upon the question intelligently, and also to enable the plaintiff to so amend…
2Cases cited1 opinion
- St. Clair County Benevolent Society v. FietsamIllinois Supreme Court · 1881
3Cited by12 opinions
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- Chicago City Railway Co. v. McClainIllinois Supreme Court · 1904
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- Gascoigne v. Metropolitan West Side Elevated Railway Co.Illinois Supreme Court · 1909
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