Streator Independent Telephone Co. v. Continental Telephone Construction Co.
Illinois Supreme Court
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. John L. Healy, 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. John L. Healy, Judge, presiding. This was an action of assumpsit commenced by the appellee, against the appellant and Alfred W. Stromberg and Charles W. Stiger, to recover a balance due upon account for extras, materials, labor, tools, etc., furnished by appellee to Alfred W. Stromberg and others, the promoters of the appellant corporation, in constructing a telephone exchange in the city of Streator, which telephone exchange, with its appurtenances, was…
1Opinion of the CourtJustice Hand
It is assigned as error that the court erred in declining to take the case from the jury at the close of the plaintiff’s evidence, and the defendant seeks by such assignment to raise in this court the question that the evidence, as a matter of law, does not tend to prove a cause of action against the defendant. This court has frequently held that in order to raise the question of law in this court whether the evidence tends to support the plaintiff’s cause of action, it is necessary that a motion for a peremptory instruction be made at the close of all the evidence, and that such motion made…
2Cases cited1 opinion
- Pittsburg, Cincinnati, Chicago & St. Louis Ry. Co. v. HewittIllinois Supreme Court · 1903
3Cited by7 opinions
- Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1921
- Meyer v. Nator Holding Co.Supreme Court of Florida · 1931
- Gay v. KohlsaatIllinois Supreme Court · 1906
- White v. StevensIllinois Supreme Court · 1927
- Brownholtz v. Providers Life Assurance Co.Illinois Supreme Court · 1928
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