City of Galesburg v. Benedict
Appellate Court of Illinois
Appeal from the Circuit Col. fc of Knox County; the Hon.John J. Glenn, Judge, presiding. Statement by Lacey, J. This was a suit in trespass commenced by appellee December 31, 1885, in the Circuit Court, alleging that on the 2d day of July, 1885, the appellant had control of a public sidewalk on the east side of West Street, and wrongfully suffered the same to become dangerous, and that the appellee while using due care, tripped on a loose board, fell and became greatly…
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Appeal from the Circuit Col. fc of Knox County; the Hon.John J. Glenn, Judge, presiding. Statement by Lacey, J. This was a suit in trespass commenced by appellee December 31, 1885, in the Circuit Court, alleging that on the 2d day of July, 1885, the appellant had control of a public sidewalk on the east side of West Street, and wrongfully suffered the same to become dangerous, and that the appellee while using due care, tripped on a loose board, fell and became greatly injured and damaged in consequence in the sum of $5,000. There was the plea of the general issue filed on trial by the court…
1Opinion of the CourtLacey, J.
The appellant objects to the verdict because it was contrary to the weight of the evidence and that the court erred in not appointing proper and competent physicians on its motion,to visit the appellee at his residence,four blocks away from the court house, where the trial was progressing, to examine him, and after a proper examination by such physicians, to testify in the case. It is further objected that the court allowed Dr. Cooper to testify as to what appellee had told him, as follows: “ Mr. Benedict stated that he had fallen down and injured his shoulder and head ‘again;’ by and by…
2Cases cited7 opinions
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
- Calumet Iron & Steel Co. v. MartinIllinois Supreme Court · 1885
- Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
- Stratton v. Central City Horse Railway Co.Illinois Supreme Court · 1880
- Rockford, Rock Island & St. Louis R. R. v. DelaneyIllinois Supreme Court · 1876
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