Legal Opinion

Colesar v. Star Coal Co.

Illinois Supreme Court

Decided October 26, 1912PublishedCited by 15 opinions

Writ or Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. S. C. Stough, Judge, presiding. The defendant in error brought his action on the case against the plaintiff in error in the circuit court of LaSalle county to recover for personal injury.

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Writ or Error to the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. S. C. Stough, Judge, presiding. The defendant in error brought his action on the case against the plaintiff in error in the circuit court of LaSalle county to recover for personal injury. Judgment for $10,-000 was recovered in the circuit court, which, on appeal to the Appellate Court for the Second District, was affirmed in the sum of $6500 after defendant in error had entered a remittitur of $3500. A .petition for rehearing was allowed by the…

1Opinion of the CourtJustice Cooke

Plaintiff in error first contends that the evidence of defendant in error, together with the justifiable inferences to be drawn therefrom, wholly fails to establish a cause of action under any of the counts on which the case was submitted. The first amended count charged that by reason of the failure of the plaintiff in error to comply with the statutory requirements the air current was not traveling in its proper course. The second count charged that by reason of the same failure the air current was not traveling in a proper quantity. The third count charged that the plaintiff in error…

2Cases cited3 opinions

  1. Planters' Bank v. Union BankSupreme Court of the United States · 1873
  2. Scott v. Parlin & Orendorff Co.Illinois Supreme Court · 1910
  3. Strodtmann v. County of MenardIllinois Supreme Court · 1895

3Cited by15 opinions

  1. Becker v. BillingsIllinois Supreme Court · 1922
  2. Grinestaff v. New York Central RailroadAppellate Court of Illinois · 1929
  3. In Re Estate of MarcucciAppellate Court of Illinois · 1972
  4. Huffman v. HuffmanIndiana Court of Appeals · 1912
  5. Maulding v. Louisville & N. R.Court of Appeals for the Seventh Circuit · 1948

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