Whittington v. Whittington

Appellate Court of Illinois

Whittington v. Whittington

65 Ill. App. 300, 1896 Ill. App. LEXIS 1008

DecidedJune 18, 1896

StatusPublished

This text of 65 Ill. App. 300 (Whittington v. Whittington) 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

Whittington v. Whittington, 65 Ill. App. 300, 1896 Ill. App. LEXIS 1008 (Ill. Ct. App. 1896).

Pincite

Opinion

Mr. Justice Green

delivered the opinion of the Court.

This suit, commenced before a justice of the peace, was appealed, after a trial and judgment for plaintiff there, to the Circuit Court, where the verdict was for defendant. Plaintiff entered a motion for a new trial, for the reasons that the verdict is against the law and evidence; that the court erred in its instructions to the jury, and that the court refused proper instructions asked by plaintiff. The motion was overruled, judgment for defendant for costs entered, and plaintiff took this appeal.

The alleged cause of action was that defendant negligently drove his wagon against plaintiff’s wagon on the public highway, and thereby injured one of the animals attached to the wagon. There were no instructions asked for by either of the parties, or given to the jury, and no error is found in the rulings of the court. The only point urged as ground for reversal is that the verdict is against the evidence. An examination of the record satisfies us that if the jury believed the evidence on behalf of defendant he was not guilty of any negligence and the verdict was right.

The judgment is affirmed.

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Mr. Justice Green

delivered the opinion of the Court.

This suit, commenced before a justice of the peace, was appealed, after a trial and judgment for plaintiff there, to the Circuit Court, where the verdict was for defendant. Plaintiff entered a motion for a new trial, for the reasons that the verdict is against the law and evidence; that the court erred in its instructions to the jury, and that the court refused proper instructions asked by plaintiff. The motion was overruled, judgment for defendant for costs entered, and plaintiff took this appeal.

The alleged cause of action was that defendant negligently drove his wagon against plaintiff’s wagon on the public highway, and thereby injured one of the animals attached to the wagon. There were no instructions asked for by either of the parties, or given to the jury, and no error is found in the rulings of the court. The only point urged as ground for reversal is that the verdict is against the evidence. An examination of the record satisfies us that if the jury believed the evidence on behalf of defendant he was not guilty of any negligence and the verdict was right.

The judgment is affirmed.

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Bluebook (online)

65 Ill. App. 300, 1896 Ill. App. LEXIS 1008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whittington-v-whittington-illappct-1896.