Ebsery v. Chicago City Railway Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action brought by appellant against the appellee company to recover damages for a personal in: jury.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Frank Baker, Judge, presiding. This is an action brought by appellant against the appellee company to recover damages for a personal in: jury. The declaration contains two counts, an original count and an additional count; but the allegations in the two counts are substantially the same, so far as the point involved in this controversy is concerned. The declaration alleges, that, on the 10th day of November, 1892, the appellee was operating a street railway and…
1Opinion of the CourtChief Justice Magruder
The main assignment of error is, that the court erred in not entering judgment for plaintiff upon the general verdict, and in entering judgment for defendant upon the special findings.
The only question in the case is, whether the court erred in not entering up judgment in favor of the appellant upon the general verdict, and in entering judgment for the appellee upon the special findings. In order to determine whether the court erred in the ruling made and in the judgment entered by it, it will be necessary to determine whether the special findings of fact made by the jury were inconsistent…
2Cases cited5 opinions
- Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
- Moss v. JohnsonIllinois Supreme Court · 1859
- Toledo, Wabash & Western Railway Co. v. FossIllinois Supreme Court · 1878
- Chicago, Burlington & Quincy Railroad v. MageeIllinois Supreme Court · 1871
3Cited by25 opinions
- Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909
- Weinrob v. HeintzAppellate Court of Illinois · 1952
- Southern Indiana Gas & Electric Co. v. WinsteadIndiana Court of Appeals · 1931
- Cleveland, C., C. & St. L. Ry. Co. v. EggmannAppellate Court of Illinois · 1897
- Thomas v. Chicago Transit AuthorityAppellate Court of Illinois · 1958
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