Hitz v. Illinois Central Railroad

Appellate Court of Illinois

Hitz v. Illinois Central Railroad

183 Ill. App. 558

DecidedOctober 9, 1913

StatusPublished

This text of 183 Ill. App. 558 (Hitz v. Illinois Central Railroad) 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

Hitz v. Illinois Central Railroad, 183 Ill. App. 558 (Ill. Ct. App. 1913).

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Opinion

Mr. Justice Higbee

delivered the opinion of the court.

4. Tbial, § 78*—when rebuttal evidence may be excluded. Testimony offered in rebuttal by a plaintiff in an action for damages caused by fire set by a railroad locomotive, as to the burning, may be refused where the subject matter of the testimony was fully gone into in the case in chief. 5. Appeal and ebbob, § 1639*—when omission in instruction is cured. An instruction omitting to state that proof must be made by a preponderance of evidence will -not reverse where the omission could not have misled when all the instructions were considered together.

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Mr. Justice Higbee

delivered the opinion of the court.

4. Tbial, § 78*—when rebuttal evidence may be excluded. Testimony offered in rebuttal by a plaintiff in an action for damages caused by fire set by a railroad locomotive, as to the burning, may be refused where the subject matter of the testimony was fully gone into in the case in chief. 5. Appeal and ebbob, § 1639*—when omission in instruction is cured. An instruction omitting to state that proof must be made by a preponderance of evidence will -not reverse where the omission could not have misled when all the instructions were considered together.

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Bluebook (online)

183 Ill. App. 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hitz-v-illinois-central-railroad-illappct-1913.