Leighton & Howard Steel Co. v. Snell
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the City Court of East St.' Louis; the Hon. W. J. N. Moyers, Judge, presiding. This was an action on the case brought by the appellee against appellant in the city court of East St. Louis, to recover for personal injuries received while in the service of appellant as a molder’s helper.
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Appeal from the Appellate Court for the Fourth District ;—heard in that court on appeal from the City Court of East St.' Louis; the Hon. W. J. N. Moyers, Judge, presiding. This was an action on the case brought by the appellee against appellant in the city court of East St. Louis, to recover for personal injuries received while in the service of appellant as a molder’s helper. The cause was tried before a jury and a verdict rendered for $1999, and judgment was entered on the verdict. The declaration consists of but one count, and in substance is as follows: That appellant was engaged in the…
1Opinion of the CourtJustice Ricks
It is first insisted by appellant that the court erred in refusing the peremptory instructions asked at the close of the plaintiff’s evidence and again at the close of all the evidence. The argument of appellant is upon the theory that unless appellee has shown, by the burden of proof, all the material allegations of his declaration, the peremptory instructions should have been given. This, of course, is not the law. The only thing this court can do is to look into the evidence to see whether or not there is any evidence fairly tending to support the plaintiff’s cause, of action, and if we…
2Cases cited1 opinion
- Chicago & Alton Railroad v. FisherIllinois Supreme Court · 1892
3Cited by4 opinions
- Tilton v. StateCourt of Appeals of Georgia · 1908
- Valentine v. Chicago City Railway Co.Appellate Court of Illinois · 1906
- Chicago City Railway Co. v. SangiacomoAppellate Court of Illinois · 1906
- Ebbing v. Springfield Boiler & Manufacturing Co.Appellate Court of Illinois · 1908