World's Columbian Exposition v. Bell
Appellate Court of Illinois
Trespass on the Case.—Death from negligence. Trial in the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Verdict and judgment for plaintiff, $5,000. Appeal by defendant.
1Opinion of the CourtJustice Horton
gave the above statement and delivered the opinion of the court. ■
The point is made by appellant that one of appellee’s (plaintiff’s) instructions was read and given to the jury, but was not marked either “ Given ” or “ Refused.” The case of Calef v. Thomas, 81 Ill. 478, 487, cited by counsel for appellant, is not in point. There, instructions which should have been, were not given to the jury, but they were not marked “ Refused.” The real error was in not giving them, and the court held that “ the effect is precisely the same as if the instructions had been formally marked refused.” The…
2Cases cited10 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Ottawa, Oswego & Fox River Valley R. R. v. McMathIllinois Supreme Court · 1878
- North Chicago Rolling Mill Co. v. JohnsonIllinois Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. AveryIllinois Supreme Court · 1884
- Calef v. ThomasIllinois Supreme Court · 1876
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3Cited by1 opinion
- O'Connor v. PrendergastAppellate Court of Illinois · 1902