Legal Opinion

Libby, McNeill & Libby v. Cook

Illinois Supreme Court

Decided June 14, 1906PublishedCited by 132 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Frost, Judge, presiding. This is an appeal from a judgment of the Branch Appellate Court for the First District affirming a judgment of the superior court of Cook county for the sum of $6000, in a suit brought by appellee, a servant, to recover from appellant, his master, for personal injuries.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Arthur H. Frost, Judge, presiding. This is an appeal from a judgment of the Branch Appellate Court for the First District affirming a judgment of the superior court of Cook county for the sum of $6000, in a suit brought by appellee, a servant, to recover from appellant, his master, for personal injuries. The following statement of facts is, in large part, that of the Branch Appellate Court: The injuries complained of were inflicted by the cylinder-head…

1Opinion of the CourtChief Justice Scott

At the close of all the evidence the defendant asked an instruction of not guilty. This motion was not sustained, and its denial is assigned as error. The question thus presented has been stated by this court in varying language.

It has been said that such a motion should be allowed “where the evidence, with all the legitimate and natural inferences to be drawn therefrom, is wholly insufficient, if credited, to sustain a verdict for the plaintiff (Lake Shore and Michigan Southern Railway Co. v. Richards, 152 Ill. 59;) or where the evidence, “with all the inferences which the jury might…

2Cases cited20 opinions

  1. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  2. Lake Shore & Michigan Southern Railway Co. v. RichardsIllinois Supreme Court · 1894
  3. Chicago & Northwestern Railway Co. v. DunleavyIllinois Supreme Court · 1889
  4. Consolidated Coal Co. v. HaenniIllinois Supreme Court · 1893
  5. Frazer v. HoweIllinois Supreme Court · 1883

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3Cited by132 opinions

  1. Devine v. DelanoIllinois Supreme Court · 1916
  2. Anderson v. Board of EducationIllinois Supreme Court · 1945
  3. Pienta v. Chicago City Railway Co.Illinois Supreme Court · 1918
  4. O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
  5. Pollard v. Broadway Central Hotel Corp.Illinois Supreme Court · 1933

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