Glascock v. Gerold

Appellate Court of Illinois

Glascock v. Gerold

199 Ill. App. 134

CourtAppellate Court of Illinois

DecidedApril 17, 1916

StatusPublished

Cited by1 cases

This text of 199 Ill. App. 134 (Glascock v. Gerold) 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

Glascock v. Gerold, 199 Ill. App. 134 (Ill. Ct. App. 1916).

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Opinion

Mr. Justice Boggs

delivered the opinion of the court.

3. Assault and battery, § 14*—what degree of proof necessary in civil action. In a civil action for assault and battery, the plaintiff need only prove his case by a preponderance of the evidence. 4. Appeal and ebbor, § 1241*—when error in giving instructions unavailable by giving of similar instructions for adverse party. In a civil action for damages for an assault and battery, any error in an instruction for the plaintiff that the latter need prove his case only by a slight preponderance of the evidence is unavailable where given instructions presented by defendant only require the plaintiff to prove his case by a preponderance of the evidence. 5. Instructions, § 87*—when instruction on preponderance of evidence correct. An instruction in a civil action that if plaintiff’s evidence preponderates but slightly it is sufficient is correct.

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Mr. Justice Boggs

delivered the opinion of the court.

3. Assault and battery, § 14*—what degree of proof necessary in civil action. In a civil action for assault and battery, the plaintiff need only prove his case by a preponderance of the evidence. 4. Appeal and ebbor, § 1241*—when error in giving instructions unavailable by giving of similar instructions for adverse party. In a civil action for damages for an assault and battery, any error in an instruction for the plaintiff that the latter need prove his case only by a slight preponderance of the evidence is unavailable where given instructions presented by defendant only require the plaintiff to prove his case by a preponderance of the evidence. 5. Instructions, § 87*—when instruction on preponderance of evidence correct. An instruction in a civil action that if plaintiff’s evidence preponderates but slightly it is sufficient is correct.

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Bluebook (online)

199 Ill. App. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glascock-v-gerold-illappct-1916.

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