Legal Opinion

McFadden v. Sollitt

Appellate Court of Illinois

Decided March 25, 1901Published

Trespass on the Case, for personal injuries. Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge, presiding. Heard in this court at the October term, 1900.

1Opinion of the Court

Mr. Presiding Justice Adams

delivered the opinion of the court.

Appellant was plaintiff and appellees defendants in the trial court. The plaintiff sued the defendants for damages alleged to have been occasioned by dirt or earth falling on him from an overhanging bank, while engaged at work by the direction of defendants near to or under the bank. The court, on motion of the defendants’ attorney to take the case from the jury at the close of the plaintiff’s evidence, refused so to do, but on a similar motion being made by the same attorney at the close of all the evidence, the court peremptorily…

2Cases cited5 opinions

  1. Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
  2. Simmons v. Chicago & Tomah RailroadIllinois Supreme Court · 1884
  3. Frazer v. HoweIllinois Supreme Court · 1883
  4. Chicago Anderson Pressed Brick Co. v. SobkowiakIllinois Supreme Court · 1894
  5. Legnard v. LageAppellate Court of Illinois · 1895

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