Legal Opinion

Alton Railway v. Foulds

Appellate Court of Illinois

Decided March 10, 1899PublishedCited by 7 opinions

Action for Damages.—Death from negligent act. Trial in the Circuit Court of Madison County; the Hon. William Hartzell, Judge, presiding. Verdict and judgment for plaintiff; appeal by defendant.

1Opinion of the CourtJustice Bigelow

delivered .the opinion of the court.

At the close of the plaintiff’s evidence in chief, the defendant below requested the court to instruct the jury to find for the defendant, but the court refused the request and the defendant excepted. Counsel for appellant now insist that the court erred in its refusal to so instruct, and have filed an elaborate and able argument in support of their contention.

In the present state of the record, the question which we need light upon is, not whether the court erred in its ruling at the time it was made, but it is whether the error, if such it was, survived…

2Cases cited10 opinions

  1. North Chicago Street Railway Co. v. CottonIllinois Supreme Court · 1892
  2. New York, Chicago & St. Louis Railroad v. BlumenthalIllinois Supreme Court · 1895
  3. Chicago City Railway Co. v. JenningsIllinois Supreme Court · 1895
  4. Eagle Packet Co. v. DefriesIllinois Supreme Court · 1880
  5. Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1868

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3Cited by7 opinions

  1. Gilbert v. Duluth General Electric Co.Supreme Court of Minnesota · 1904
  2. Dierks Lumber & Coal Co. v. BrownCourt of Appeals for the Eighth Circuit · 1927
  3. O'Hara v. Central Illinois Light Co.Appellate Court of Illinois · 1943
  4. Krueger v. FrielAppellate Court of Illinois · 1947
  5. Whitten v. Nevada Power, Light & Water Co.U.S. Circuit Court for the District of Nevada · 1904

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