Wright v. Chicago & North Western Railway Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Loiíin C. Collins, Judge, presiding. This case was formerly before this court, and the judgment of the court below reversed and remanded, because there was error in sustaining a demurrer to the 10th count of the plaintiffs’ declaration. The decision in that case is reported in 7 Ill. App. 438. On the reducketing of the case in the court below the demurrer to that count was overruled.
Read the full summary
Appeal from the Circuit Court of Cook County; the Hon. Loiíin C. Collins, Judge, presiding. This case was formerly before this court, and the judgment of the court below reversed and remanded, because there was error in sustaining a demurrer to the 10th count of the plaintiffs’ declaration. The decision in that case is reported in 7 Ill. App. 438. On the reducketing of the case in the court below the demurrer to that count was overruled. The ease again came on for trial before the Circuit Court and a jury, on the 1st, 2d, 3d, 10th and 12th counts of the declaration and pleas thereto. The 1st…
1Opinion of the CourtGarnett, J.
On the first trial of this cause in the court below the evidence of the plaintiffs was excluded from the jury, and a verdict for defendant found by instruction of the court. In considering this action of the court, we said in our former opinion that the court was divided in opinion as to the question whether it was error to give such peremptory instruction on the evidence introduced. The defendant now insists that, as there was no new evidence on the second trial, the insufficiency of the evidence to support the 1st, 2d, 3d and 12th counts is res adjudicata. The record shows a general…
2Cases cited7 opinions
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Camp Point Manufacturing Co. v. BallouIllinois Supreme Court · 1874
- Weick v. LanderIllinois Supreme Court · 1874
- Toledo, Wabash & Western Railway Co. v. MorganIllinois Supreme Court · 1874
- Central Military Tract Railroad v. RockafellowIllinois Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harton v. . Telephone Co.Supreme Court of North Carolina · 1906
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
- Bandosz v. A. Daigger & Co.Appellate Court of Illinois · 1930
- Welser v. United Gas Improvement Co.Supreme Court of Pennsylvania · 1931
6 more not listed; retrieve them via the Exa API.