Provident Hospital v. Barbour
Appellate Court of Illinois
Assumpsit.—Breach of contract. Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge, presiding. Submitted at the March term, 1895, of this court.
1Opinion of the CourtJustice Gary
A part of the complaint in the brief of the appellant is that the court did not sufficiently instruct the jury; the answer to which is that the appellant presented no proper instruction which the court refused. Ames & Frost Co. v. Stachurski, 46 Ill. App. 310, 145 Ill. 192.
The case cited as supporting the complaint is “ that it would have been the duty of the court, had it been asked, to have instructed.” Roy v. Goings, 112 Ill. 656.
It is true that in that case, in defending the right of the court to instruct when not asked, the court says: “ It may be added, such is its duty, when the…
2Cases cited3 opinions
- Roy v. GoingsIllinois Supreme Court · 1885
- Ames & Frost Co. v. StrachurskiIllinois Supreme Court · 1893
- Ames & Frost Co. v. StachurskiAppellate Court of Illinois · 1892
3Cited by1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. RathneauAppellate Court of Illinois · 1906