Legal Opinion

Chicago City Railway Co. v. Carroll

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 70 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an appeal from the Appellate Court for the First District from a judgment obtained by Robert Carroll against the Chicago City Railway Company.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This is an appeal from the Appellate Court for the First District from a judgment obtained by Robert Carroll against the Chicago City Railway Company. The original judgment in the superior court was for the sum of $5000. The Appellate Court required a remittitur of $2000, and judgment was entered for the sum of $3000: The declaration consisted of six counts. Each of said counts alléged that defendant was possessed of,…

1Opinion of the CourtJustice Ricks

At the close of all the evidence appellant made a motion and offered an instruction to have a verdict directed for it. The court denied the motion and refused the instruction, and for that, error is assigned. If there was evidence in the record fairly tending to support the averments of the declaration, or any count of it, that instruction was properly refused.

As to the manner in which and the circumstances under which appellee received his injuries no evidence was offered except by appellee. Appellant has no evidence in the record and examined no witness on any branch of the case except as…

2Cases cited13 opinions

  1. Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
  2. McNulta v. LockridgeIllinois Supreme Court · 1891
  3. McNewis Executors v. RogersTennessee Supreme Court · 1850
  4. Galena & Chicago Union Railroad v. YarwoodIllinois Supreme Court · 1856
  5. Beard v. LoftonIndiana Supreme Court · 1885

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3Cited by70 opinions

  1. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  2. Feldman v. Chicago Railways Co.Illinois Supreme Court · 1919
  3. Chicago & Eastern Illinois Railroad v. SchmitzIllinois Supreme Court · 1904
  4. Scott v. Parlin & Orendorff Co.Illinois Supreme Court · 1910
  5. Walters v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1908

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