Baltimore & Ohio Southwestern Railroad v. Mullen
Illinois Supreme Court
Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Cass county; the Hon. Harry HigbeE, Judge, presiding. This is an action in case, brought in the circuit court of Cass county in March, 1902, by the appellee against the appellant company to recover damages for a personal injury. To the second amended declaration the plea of general issue was filed.
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Appeal from the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of Cass county; the Hon. Harry HigbeE, Judge, presiding. This is an action in case, brought in the circuit court of Cass county in March, 1902, by the appellee against the appellant company to recover damages for a personal injury. To the second amended declaration the plea of general issue was filed. The cause was tried before the court and a jury, and resulted in a verdict and judgment in favor of appellee for the sum of $1730.00. An appeal was taken to the Appellate Court, which…
1Opinion of the CourtJustice Magruder
Upon the trial below at the close of the plaintiff’s testimony, the defendant asked the court to give the jury a written instruction to find the defendant not guilty, which was refused and exception was taken. At the close of all the testimony, defendant’s counsel again asked of the court a written instruction to'the jury to find the defendant not'guilty, which was also refused and exception taken. The refusal of the court to instruct the jury to find for the defendant raises the question, whether there is any evidence, tending to sustain the cause of action set up in the declaration.
It is…
2Cases cited16 opinions
- McNulta v. EnschIllinois Supreme Court · 1890
- Cicero & Proviso Street Railway Co. v. MeixnerIllinois Supreme Court · 1896
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Chicago & Alton Railroad v. ByrumIllinois Supreme Court · 1894
- Chicago & Alton Railroad v. WintersIllinois Supreme Court · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dallas v. Illinois Central RailroadCourt of Appeals of Kentucky · 1911
- Hooker v. BlairMichigan Supreme Court · 1915
- Wood v. Illinois Central RailroadAppellate Court of Illinois · 1912
- Franklin v. Southern Railway Co.Supreme Court of Alabama · 1916
- Swigart v. Chicago & N. W. Ry. Co.Court of Appeals for the Seventh Circuit · 1950
6 more not listed; retrieve them via the Exa API.