Legal Opinion

Wenona Coal Co. v. Holmquist

Illinois Supreme Court

Decided October 29, 1894PublishedCited by 33 opinions

Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is an action brought by appellee against appellant to recover damages for a personal injury, resulting in verdict and judgment for the plaintiff in the trial court and an affirmance of the judgment in the Appellate Court.

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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Superior Court of Cook county; the Hon. James Goggin, Judge, presiding. This is an action brought by appellee against appellant to recover damages for a personal injury, resulting in verdict and judgment for the plaintiff in the trial court and an affirmance of the judgment in the Appellate Court. The declaration avers, that the defendant is an Illinois corporation engaged in the business of mining and shipping coal at Wenona, and that the plaintiff was employed by it in its said business when the…

1Opinion of the CourtJustice Magruder

First, it is said that the trial cqurt erred in overruling defendant’s motion to exclude the evidence from the jury and to instruct the jury to find for the defendant. The motion was made after the defendant had introduced its •evidence and rested. Section 52 of the Practice Act, passed in 1872, provides that “hereafter no judge shall instruct the petit jury in any case, civil or criminal, unless such instructions are reduced to writing.” (2 Starr & Cur. Stat. page 1814). Section 53 provides that, “where instructions are asked which the judge cannot give, he shall, on the margin thereof,…

2Cases cited11 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
  2. Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
  3. Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
  4. Frazer v. HoweIllinois Supreme Court · 1883
  5. Illinois Central Railroad v. NowickiIllinois Supreme Court · 1893

6 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Hafner v. HerronIllinois Supreme Court · 1896
  2. Whitney & Starrette Co. v. O'RourkeIllinois Supreme Court · 1898
  3. Siddall v. JansenIllinois Supreme Court · 1897
  4. Swift & Co. v. FueIllinois Supreme Court · 1897
  5. Fraser & Chalmers v. SchroederIllinois Supreme Court · 1896

28 more not listed; retrieve them via the Exa API.

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