McCormick Harvesting Machine Co. v. Burandt
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. The following opinion of the Appellate Court contains a sufficient statement of the case: Gary, P. J. “This is an action by the appellee, to recover damages for personal injury sustained by him while employed in the foundry of the appellants.
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Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. John P. Altgeld, Judge, presiding. The following opinion of the Appellate Court contains a sufficient statement of the case: Gary, P. J. “This is an action by the appellee, to recover damages for personal injury sustained by him while employed in the foundry of the appellants. The fact and manner of the injury and the amount of damages are not in question. “The foundry was a building three hundred feet long and eighty feet wide.' Sunken in the floor of the…
1Opinion of the CourtChief Justice Scholfield
The contention that the cause of action alleged in the declaration is not proved, is not tenable, because it was not urged before final judgment in the trial court. When it shall appear, upon "the trial, that the evidence does not prove a cause of action as alleged, if it be desired to avail of that objection it must be urged before judgment, in order that the plaintiff may have an opportunity to obviate it, if he can, by amending his declaration. (Wabash, St. Louis and Pacific Ry. Co. v. Coble, 113 Ill. 115.) The objection, however, that no cause of action is proved by the evidence, could…
2Cases cited2 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- Wabash, St. Louis & Pacific Railway Co. v. CobleIllinois Supreme Court · 1885
3Cited by14 opinions
- Gray v. BekinsCalifornia Supreme Court · 1921
- Illinois Terminal Railroad v. ThompsonIllinois Supreme Court · 1904
- Louis v. Smith-McCormick Construction Co.West Virginia Supreme Court · 1917
- Magnolia Paper Co. v. DuffyCourt of Appeals of Texas · 1915
- Chicago Edison Co. v. DavisAppellate Court of Illinois · 1901
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