City of Joliet v. Johnson
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Charles Blanchard, Judge, presiding.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Charles Blanchard, Judge, presiding. This is an action on the case for the recovery of damages for injuries claimed to have been sustained by the appellee in consequence of a fall on a defective sidewalk in the city of Joliet on September 29, 1894. In the trial court, the appellee recovered a verdict for §1500.00, upon which, after overruling a motion for new trial, the court rendered judgment. An appeal was taken from the judgment so rendered to the Appellate…
1Opinion of the CourtJustice Magruder
The reversal of the judgement in this case is asked upon the ground that there is a variance between the allegations in the declaration, and the proof introduced by the appellee thereunder. The variance complained of is alleged to exist both as to the allegations setting up the cause of the injury, and as to those setting up the character of the injury.
The alleged variance between the statement of the cause of the injury and the proof in relation to the same is based upon the following allegation in the declaration: “The said defendant * * * wrongfully and negligently suffered the same”…
2Cases cited3 opinions
- Village of Mansfield v. MooreIllinois Supreme Court · 1888
- City of Rock Island v. CuinelyIllinois Supreme Court · 1888
- Probst Construction Co. v. FoleyIllinois Supreme Court · 1897
3Cited by16 opinions
- Wawryszyn v. Illinois Central RailroadAppellate Court of Illinois · 1956
- City of Rock Island v. StarkeyIllinois Supreme Court · 1901
- Guianios v. DeCamp Coal Mining Co.Illinois Supreme Court · 1909
- Wood v. Illinois Central RailroadAppellate Court of Illinois · 1914
- Chicago City Railway Co. v. McClainIllinois Supreme Court · 1904
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