Siddall v. Jansen
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding.
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Appeal from the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Nathaniel C. Sears, Judge, presiding. This action was brought by Theodore P. Siddall, Jr., by his next friend, against Egbert L. Jansen and others, composing the firm of Jansen, McClurg & Co., wholesale and retail booksellers and stationers in Chicago, to recover damages for an injury received by being struck by a descending elevator of the defendants. The father of plaintiff was an employee of defendants, and the plaintiff, then about five years of age,…
1Opinion of the CourtChief Justice Phillips
We are authorized to review the facts in this case to the extent of ascertaining whether there was, at the close of the plaintiff’s testimony, evidence tending to show the acts of negligence charged in his declaration, for the reason that at the close of such testimony the trial court, at the request of defendants, gave to the jury a peremptory instruction to find for the defendants. The rule is, that where an instruction is offered, at the close of plaintiff’s testimony, to instruct the jury to find for the defendant, and error is assigned on the giving or refusal to give such instruction,…
2Cases cited2 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Wenona Coal Co. v. HolmquistIllinois Supreme Court · 1894
3Cited by25 opinions
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Conder v. GriffithIndiana Court of Appeals · 1916
- Delaware, Lackawanna & Western Railroad v. ReichSupreme Court of New Jersey · 1898
- Donk Bros. Coal & Coke Co. v. LeavittAppellate Court of Illinois · 1903
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