Krichbaum v. Chicago City Railway Co.

Appellate Court of Illinois

Krichbaum v. Chicago City Railway Co.

207 Ill. App. 44, 1917 Ill. App. LEXIS 532

CourtAppellate Court of Illinois

DecidedJune 27, 1917

DocketGen. No. 22,024

StatusPublished

Cited by1 cases

This text of 207 Ill. App. 44 (Krichbaum v. Chicago City 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

Krichbaum v. Chicago City Railway Co., 207 Ill. App. 44, 1917 Ill. App. LEXIS 532 (Ill. Ct. App. 1917).

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Opinion

Mr. Presiding Justice Goodwin

delivered the opinion of the court.

4. Pleading, § 355* — what constitutes withdrawal of plea. Where leave is asked and given to withdraw a plea, the withdrawal is thereby effected though the plea continues to be a part of the files in the cause. 5. Pleading, § 354* — when defendant estopped from relying on defense in plea assumed to he vñthdrawn. A defendant which asks and obtains leave to withdraw a special plea, and proceeds to trial on the assumption that the plea was withdrawn, is estopped from thereafter relying upon that defense. 6. Damages, § 207* — when instruction on manner of determining is not erroneous. In an action to recover for personal injuries, an instruction in the usual form as to the manner of determining the amount of plaintiff’s damages, held not open to objection. 7. Instructions, § 20* — what is proper cautionary instruction. In an action to recover for personal injuries in which numerous instructions, some complicated and involved, had been given for defendant as to the law and facts necessary to be found to entitle plaintiff to recover, it is proper for the court to point out to the jury that the court did not intend to state an opinion as to what the facts were and to remind them that they were judges of the facts.

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Mr. Presiding Justice Goodwin

delivered the opinion of the court.

4. Pleading, § 355* — what constitutes withdrawal of plea. Where leave is asked and given to withdraw a plea, the withdrawal is thereby effected though the plea continues to be a part of the files in the cause. 5. Pleading, § 354* — when defendant estopped from relying on defense in plea assumed to he vñthdrawn. A defendant which asks and obtains leave to withdraw a special plea, and proceeds to trial on the assumption that the plea was withdrawn, is estopped from thereafter relying upon that defense. 6. Damages, § 207* — when instruction on manner of determining is not erroneous. In an action to recover for personal injuries, an instruction in the usual form as to the manner of determining the amount of plaintiff’s damages, held not open to objection. 7. Instructions, § 20* — what is proper cautionary instruction. In an action to recover for personal injuries in which numerous instructions, some complicated and involved, had been given for defendant as to the law and facts necessary to be found to entitle plaintiff to recover, it is proper for the court to point out to the jury that the court did not intend to state an opinion as to what the facts were and to remind them that they were judges of the facts.

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207 Ill. App. 44, 1917 Ill. App. LEXIS 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krichbaum-v-chicago-city-railway-co-illappct-1917.

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