Gillette v. Chicago, Milwaukee & St. Paul Railway Co.

Appellate Court of Illinois

Gillette v. Chicago, Milwaukee & St. Paul Railway Co.

193 Ill. App. 304, 1915 Ill. App. LEXIS 640

CourtAppellate Court of Illinois

DecidedMarch 9, 1915

DocketGen. No. 5,999

StatusPublished

This text of 193 Ill. App. 304 (Gillette v. Chicago, Milwaukee & St. Paul Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gillette v. Chicago, Milwaukee & St. Paul Railway Co., 193 Ill. App. 304, 1915 Ill. App. LEXIS 640 (Ill. Ct. App. 1915).

Pincite

Opinion

Me. Justice Niehafs

delivered the opinion of the court.

7. Instructions, § 159*—lohen instructions considered as a whole. In determining the sufficiency of a portion of an instruction, the charge must be taken’ and considered together as a whole. 8. Railroads, § 352*—instruction requiring finding to he based on allegation of declaration instead of proof. An instruction in an action against a railway company for damages caused a crop by the backing up of water as the result of the defendant placing piles closely together in a stream, held not to permit the jury to find the negligence of the defendant from the allegations of the declaration, but to require it to be found from the proofs.

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Me. Justice Niehafs

delivered the opinion of the court.

7. Instructions, § 159*—lohen instructions considered as a whole. In determining the sufficiency of a portion of an instruction, the charge must be taken’ and considered together as a whole. 8. Railroads, § 352*—instruction requiring finding to he based on allegation of declaration instead of proof. An instruction in an action against a railway company for damages caused a crop by the backing up of water as the result of the defendant placing piles closely together in a stream, held not to permit the jury to find the negligence of the defendant from the allegations of the declaration, but to require it to be found from the proofs.

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Bluebook (online)

193 Ill. App. 304, 1915 Ill. App. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gillette-v-chicago-milwaukee-st-paul-railway-co-illappct-1915.