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Dammann v. Turner Cartage Storage Co.

48 Ill. App. 2d 65 (Ill. App. Ct. 1964)
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Dammann v. Turner Cartage Storage Co.

3 Citing cases

  1. Lombard v. Cory

    522 P.2d 581 (Idaho 1974)   Cited 11 times

    However, while the Court may refer to those cases as a guide, they are not controlling. Each case must be decided by its own facts. See Birmingham Electric Co. v. Farmer, 251 Ala. 148, 36 So.2d 343 (1948); Harvey v. Gardner, 359 Mo. 730, 223 S.W.2d 428 (1949); Burns v. Kansas City Public Service Co., 273 S.W.2d 184 (Mo. 1954); Gillett v. Gillett, 168 Cal.App.2d 102, 335 P.2d 736 (1959); Phillips v. United States, 182 F. Supp. 312 (D.C.E.D.Va. 1960); Dammann v. Turner Cartage Storage Co., 48 Ill.App.2d 65, 198 N.E.2d 352 (1964); McKirchey v. Ness, 256 Iowa 744, 128 N.W.2d 910 (1964); Mack v. McGrath, 276 Minn. 419, 150 N.W.2d 681 (1967). "The use of verdicts from other areas as a guide for testing the inadequacy or excessiveness of any particular verdict is proper but extreme care must be exercised in use of such a guide, for no case of personal injuries is an exact and binding precedent for another upon the matter of the injuries sustained.

  2. Reynolds v. American Oil Co.

    32 Ill. App. 3d 905 (Ill. App. Ct. 1975)   Cited 12 times

    (See Pedrick v. Peoria Eastern R.R. Co., 37 Ill.2d 494, 510, 229 N.E.2d 504; compare Neubauer v. Coca Cola Bottling Company of Chicago, 96 Ill. App.2d 18, 238 N.E.2d 437.) For this reason, the trial court erred when it granted American Oil's motion for judgment notwithstanding the verdict. See Weiner v. Trasatti, 19 Ill. App.3d 240, 311 N.E.2d 313; compare Dammann v. Turner Cartage and Storage Co., 48 Ill. App.2d 65, 198 N.E.2d 352. IV.

  3. Haymes v. Catholic Bishop of Chicago

    52 Ill. App. 2d 140 (Ill. App. Ct. 1964)   Cited 4 times
    In Haymes v. Catholic Bishop of Chicago, 52 Ill. App.2d 140, 201 N.E.2d 675, the court held that an allegation that the defendant had purchased and procured insurance coverage out of which any judgment obtained might be satisfied is neither necessary nor appropriate since Molitor v. Kaneland Community Unit Dist. No. 302, 18 Ill.2d 11, 163 N.E.2d 89. Likewise, the allegation in Count III as to the insurance coverage did not state a cause of action.

    A complaint must allege facts stating a cause of action; evidentiary facts need not be stated; ultimate facts should be stated; facts stated must not contain conclusions; and so on. See also Dammann v. Turner Cartage Storage Co., 48 Ill. App.2d 65, 198 N.E.2d 352. [7] Section 31 of the Practice Act preserves the requirement that "substantial averments of fact" are necessary to state any cause of action, and Section 33 provides that "pleadings shall contain a plain and concise statement of the pleader's cause of action, counterclaim, defense, or reply."