Swift & Co. v. Rutkowski
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George A. Trude, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. George A. Trude, Judge, presiding. This was an action brought by appellee, a minor aged fourteen years, against Swift & Co., to recover for a personal injury received while in the employ of the defendant at its packing house at the Union Stock Yards in Chicago, on the 30th day of June; 1892. A trial before a jury resulted in a verdict and judgment for plaintiff of $5000, which, on appeal, was reversed in this court on account of an erroneous instruction.…
1Opinion of the CourtJustice Craig
It is first insisted that there was a variance between the declaration and the evidence, and on that ground the court should have excluded from the consideration of the jury the second count of the declaration of January 28, 1896, and the second and fourth additional counts of July 15, 1897. At the close of plaintiff’s evidence defendant’s counsel moved the court “to eliminate these counts from the consideration of the jury, and to exclude all evidence in the case as to these counts, upon the ground of variance,” which motion the court overruled. It is a well settled rule that a party…
2Cases cited6 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Chicago & Alton Railroad v. ClausenIllinois Supreme Court · 1898
- Swift & Co. v. MaddenIllinois Supreme Court · 1897
- Consolidated Coal Co. v. ScheiberIllinois Supreme Court · 1897
- Chicago, Burlington & Quincy Railroad v. WarnerIllinois Supreme Court · 1884
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3Cited by42 opinions
- Postal Telegraph-Cable Co. v. LikesIllinois Supreme Court · 1907
- Illinois Central Railroad v. FoulksIllinois Supreme Court · 1901
- Stephens v. ElliottMontana Supreme Court · 1907
- Linquist v. HodgesIllinois Supreme Court · 1911
- Farmer v. Alton Building & Loan Ass'nAppellate Court of Illinois · 1938
37 more not listed; retrieve them via the Exa API.