Legal Opinion

Pittsburg, Cincinnati, Chicago & St. Louis R. R. v. Smith

Appellate Court of Illinois

Decided October 26, 1903PublishedCited by 2 opinions

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in this court at the October term, 1903. This is an action on the case brought by appellee against appellant and the Chicago Terminal Transfer Railroad Company to recover damages for injuries received by her December 8,1899, at the intersection of the tracks of appellant and Thirty-fifth street in the city of Chicago.

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Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Philip Stein, Judge presiding. Heard in this court at the October term, 1903. This is an action on the case brought by appellee against appellant and the Chicago Terminal Transfer Railroad Company to recover damages for injuries received by her December 8,1899, at the intersection of the tracks of appellant and Thirty-fifth street in the city of Chicago. On the trial the' court directed a verdict in favor of the terminal company, and submitted the question of the liability ,of appellant to the…

1Opinion of the CourtJustice Ball

Appellant insists that the trial court erred in refusing to give certain instructions offered by it. The abstract shows that other instructions were offered by appellant and given by the court to the jury, but does not show what those instructions are. In Thompson v. People, 192 Ill. 81, the Supreme Court say:

“We have repeatedly held that error in giving instructions will be considered upon appeal or writ of error only when all the instructions given are set out in full in the abstract.”

If the giving or the refusing to give instructions is assigned for error, it is not sufficient to set out…

2Cases cited5 opinions

  1. City of Roodhouse v. ChristianIllinois Supreme Court · 1895
  2. Chicago & Alton Railroad v. BlaulIllinois Supreme Court · 1898
  3. Norton v. VolzkeIllinois Supreme Court · 1895
  4. Chicago Junction Railway Co. v. McGrathIllinois Supreme Court · 1903
  5. Bryan v. LamsonAppellate Court of Illinois · 1900

3Cited by2 opinions

  1. Bollinger v. SchaffSupreme Court of Kansas · 1923
  2. Johnson v. Union Pacific RailroadSupreme Court of Kansas · 1943

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