Legal Opinion

Swift & Co. v. Ronan

Illinois Supreme Court

Decided February 18, 1903PublishedCited by 1 opinion

Appeal, from the Appellate Court for the Fourth District; — heard in that court on appeal from the City Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. This was an action on the case, brought in the city court of East St. Louis by appellee, against the appellant, to recover "damages for an injury received by him while in its employ.

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Appeal, from the Appellate Court for the Fourth District; — heard in that court on appeal from the City Court of East St. Louis; the Hon. Silas Cook, Judge, presiding. This was an action on the case, brought in the city court of East St. Louis by appellee, against the appellant, to recover "damages for an injury received by him while in its employ. The facts are as follows: Appellant was engaged in a general slaughtering and packing business near the city of East St. Louis, occupying a tract of ground which was enclosed by a high board fence, with its slaughter and packing houses, yards and…

1Opinion of the CourtJustice Hand

The appellant, at the close of the plaintiff’s evidence, asked the court that the jury be instructed to find for the defendant, which instruction was refused. This motion was renewed at the close of all the evidence and the instruction again refused. The refusal to give this instruction to the jury requires an examination of the record by this court for the purpose of ascertaining whether the evidence tends to make a case which sustains the allegations of the declaration.

Clearly there can be no recovery against appellant except on the theory that the engiqe crew causing the accident was under…

2Cases cited2 opinions

  1. Hexamer v. . WebbNew York Court of Appeals · 1886
  2. Foster v. Wadsworth-Howland Co.Illinois Supreme Court · 1897

3Cited by1 opinion

  1. Ronan v. Swift & Co.Appellate Court of Illinois · 1905

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