Legal Opinion

Joseph Schlitz Brewing Co. v. Compton

Illinois Supreme Court

Decided November 2, 1892PublishedCited by 27 opinions

Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. Jesse J. Phillips, Judge, presiding. This is an action on the case, begun on April 17, 1890, in the Circuit Court of Sangamon County by the appellee against the appellant company. In the trial court, the verdict and judgment were in favor of the plaintiff, which judgment has been affirmed by the Appellate Court.

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Appeal from the Appellate Court for the Third District;— heard in that court on appeal from the Circuit Court of Sangamon county; the Hon. Jesse J. Phillips, Judge, presiding. This is an action on the case, begun on April 17, 1890, in the Circuit Court of Sangamon County by the appellee against the appellant company. In the trial court, the verdict and judgment were in favor of the plaintiff, which judgment has been affirmed by the Appellate Court. The declaration consists of two counts. The first count alleges, that plaintiff was possessed of certain premises in Springfield, in which she and…

1Opinion of the CourtJustice Magbuder

Proof was introduced of damage done to plaintiff’s property after the commencement of the suit by reason of rain storms then occurring. The defendant asked, and the Court refused to give, the following instruction: “The court instructs the jury that the suit now being tried was commenced in the month of April 1890, and that they are not to take into consideration the question as to whether or not any damage has accrued to plaintiff’s property since the commencement of this suit.”

The question presented is, whether plaintiff was entitled to recover only such damages as accrued before and up to…

2Cases cited16 opinions

  1. Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
  2. Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
  3. Birchard v. BoothWisconsin Supreme Court · 1856
  4. Chicago & Northwestern Railway Co. v. HoagIllinois Supreme Court · 1878
  5. Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891

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3Cited by27 opinions

  1. City of Ardmore v. OrrSupreme Court of Oklahoma · 1913
  2. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  3. Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
  4. Meruk v. . City of New YorkNew York Court of Appeals · 1918
  5. Webb v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1916

22 more not listed; retrieve them via the Exa API.

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