Legal Opinion

Landgraf v. Kuh

Illinois Supreme Court

Decided December 20, 1900PublishedCited by 41 opinions

Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District; — heard in that court on appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. This is an action of trespass on the case, brought on February 8,1896, by Appollonia Landgraf, as administratrix of the estate of Kittie Landgraf, deceased, against Abraham Kuh, Adolph Nathan and Siegfried M. Fischer, to recover damages for the death of said Kittie Landgraf, alleged to have resulted from the failure of the appellees, defendants below, to provide a certain building owned by them and situated in the…

1Opinion of the CourtJustice Magruder

Upon the trial of this case, and at the conclusion of the testimony of the plaintiff below, the court instructed the jury to find the defendants not guilty, and a verdict of not guilty was found in obedience to such instruction. It is well settled in this State, that an instruction to the jury to find a verdict for the defendant should be refused, where there is evidence tending to show the plaintiff’s right to recover. If there is evidence, tending to show the plaintiff’s right to recover, there must be a submission of the case to the jury. (Cleveland, Cincinnati, Chicago and St. Louis…

2Cases cited11 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
  3. Willy v. . MulledyNew York Court of Appeals · 1879
  4. Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
  5. Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871

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3Cited by41 opinions

  1. Dini v. NaiditchIllinois Supreme Court · 1960
  2. Libby, McNeill & Libby v. CookIllinois Supreme Court · 1906
  3. Finnegan v. Royal Realty Co.California Supreme Court · 1950
  4. Kennerly v. Shell Oil Co.Illinois Supreme Court · 1958
  5. Arms v. AyerIllinois Supreme Court · 1901

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