Kluska v. City of Chicago
Appellate Court of Illinois
Trespass on the Case, for personal injuries. Error to the Superior Court of Cook County; the Hon. Joseph E. Gary, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1900.
1Opinion of the Court
Mr. Presiding Justice Freeman
delivered the opinion of the court.
This is a suit for personal injuries. Upon the statement of the case by the attorney for plaintiff in error, and the testimony of two witnesses called in her behalf, whose testimony utterly failed to show any negligence on the part of the city, the court instructed the jury to find the defendant not guilty, and denied a motion for a new trial. That this may be done upon the opening statement of facts by the plaintiff’s attorney, when such statement shows the plaintiff not entitled to recover, is well settled. Kapischke v. Koch,…
2Cases cited3 opinions
- Gavin v. City of ChicagoIllinois Supreme Court · 1880
- Boyle v. Illinois Central R. R.Appellate Court of Illinois · 1900
- Kapischke v. KochAppellate Court of Illinois · 1898
3Cited by3 opinions
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Alexander v. JenningsWest Virginia Supreme Court · 1966
- Coffin v. City of ChicagoAppellate Court of Illinois · 1911