Reports of Cases Determined in the Appellate Courts of Illinois, Volume 149 |
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Common terms and phrases
accident Affirmed alleged amended appellant appellant's appellee appellee's Assumpsit attorney averred bill charged Chicago Circuit Court city council Coles county Company complainants condition contract counsel County Court damages deceased declaration decree defect defendant in error delivered the opinion demurrer duty East Moline employed engine evidence executors fact feet filed May 19 Fraser George Wagner Heard held Illinois instruction issue Judge judgment jury JUSTICE land lant ment Mining motion mules negligence November term paid parties passenger payment pellant pellee Peoria petition plaintiff in error plea pleadings presiding proof question Railroad real estate reason record recover refused remittitur Reversed and remanded reversible error Rock Island rule Sangamon county shaft Spring Valley statute suit sustained switch tending to show testified testimony thereof tion Town of Sullivan track trial court trustees verdict Vermilion county Wabash Railroad wilful witness
Popular passages
Page 204 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 409 - The true rule is that what is the proximate cause of an injury Is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending It.
Page 249 - ... not in point, for a different rule of responsibility exists as to such carriers. In respect to goods a carrier is an insurer for the safe transportation and delivery of the property intrusted to it for carriage, and is relieved from liability only by the act of God or the public enemy. A carrier of passengers Is not an insurer of their safety, and is liable to them for such injuries as result from its failure to exercise proper care for their protection. A number of other cases are cited and...
Page 408 - ... principal doors through which cars are hauled, for the purpose of opening and closing said doors when trips of cars are passing to and from the workings...
Page 453 - No party to any civil action, suit or proceeding, or person directly interested in the event thereof, shall be allowed to testify therein of his own motion, or in his own behalf, * * * when any adverse party sues or defends * * * as the executor, administrator, heir, legatee or devisee of any deceased person, * * * unless when called as a witness by such adverse party so suing or defending.
Page 38 - Persons operating elevators are carriers of passengers, and the same rules applicable to other carriers of passengers are applicable to those operating elevators for raising and lowering persons from one floor to another in buildings.
Page 120 - Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars.
Page iv - Grundy, Henderson Henry, Iroquois, Jo Daviess, Kane, Kankakee, Kendall, Knox, Lake, Lasalle, Lee, Livingston, McHenry, Marshall, Mercer, Ogle, Peoria, Putnam, Rock Island, Stark, Stephenson, Warren, Whiteside, Will, Winnebago, and Woodford in the State of Illinois.
Page 529 - Every plea should be so pleaded as to be capable of trial, and, therefore, must consist of matter of fact the existence of which may be tried by a jury on an issue, or the sufficiency of which as a defence may be determined by the court upon demurrer, or of matter of record which is triable by the record itself.
Page 203 - The general principle on which it depends appears to be that where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer, yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give, or the jury would have given, the...