McMechen v. Chicago, Burlington & Quincy Railway Co.
Appellate Court of Illinois
Action in ease for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909. Statement by the Court. This is an appeal by the Chicago, Burlington & Quincy Railway Company and The Pullman Company from an order of the Circuit Court and the judgment entered pursuant thereto permitting appellee to take a non-suit.
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Action in ease for personal injuries. Appeal from the Circuit Court of Cook county; the Hon. Richard S. Tuthill, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1909. Statement by the Court. This is an appeal by the Chicago, Burlington & Quincy Railway Company and The Pullman Company from an order of the Circuit Court and the judgment entered pursuant thereto permitting appellee to take a non-suit. Action was brought by appellee against appellants to recover for personal injuries. The trial was begun before the court and a jury. At the close of appellee’s evidence…
1Opinion of the CourtJustice DitNcaN
The sole question presented to this court on this appeal is as to the right of a plaintiff to a non-suit after the plaintiff’s side of the case has been closed in a jury trial, and the motion for a peremptory instruction has been made and argued, and a decision has been announced by the court that the motion will be sustained, the motion for a non-suit having been made before the court actually gives the instruction, and before the court has entered the order and judgment on his docket. This question under the practice in this state is governed by statute. Under the statute before it was…
2Cases cited2 opinions
- Howe v. HarrounIllinois Supreme Court · 1856
- Brown v. LawlerAppellate Court of Illinois · 1906
3Cited by2 opinions
- Daube v. KuppenheimerAppellate Court of Illinois · 1915
- Colvin v. City of RoodhouseAppellate Court of Illinois · 1917