Illinois Law Review Volume 2

Illinois Law Review Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... 4846. Reversed on evidence. 94. DUCHARME v. Sr. PETER, Gen. No. 4797. Instructions. Held, (I) that it is not necessary that the instructions for the plaintiff state where the burden of proof rests, if it is made clear by all the instructions taken together; (2) that "if you believe from the evidence" is equivalent to "if you believe from a preponderance of the evidence.." DUFFY AND Scauum v. IACOBSON, Gen. No. 4814. EvidencePleading. Appellee recovered for personal injuries sufiered while working for a firm of contractors in which Duffy and Scanlan were alleged to be principals. Held, (I) that testimony by a witness that Duffy had told him that "he and Scanlan were doing the work" was not admissible to fix any responsibility upon Scanlan; (2) that the proofs do not warrant judgment against Scanlan; (3) that the damages awarded are excessive; (4) that a count stating appellee was injured by servants of appellant, but failing to allege that such servants were not appellee's fellow servants, does not state a cause of action; (5) that it is not enough for a co_urt to allege that a certain duty is owed; the facts from which the law raises the duty must be stated. ' 96. ERWIN v. HAYS, Gen. No. 4849. Pleading. In an action for breach of contract pleas were filed setting up that appellant had been induced to make it by certain false information and had rescinded and tendered back the consideration. The replication denied any fraud, and denied that consideration was tendered back. The pleas presented no legal defense to the action, and the court refused to hear evidence in support of them. Held, that this was not error, as issue being joined upon the replication, it became necessary for appellant to prove the...
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Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • black & white illustrations
  • 1236842219
  • 9781236842213