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Mirich v. T.J. Forschner Contracting Co.

Appellate Court of Illinois, First District
Dec 16, 1924
236 Ill. App. 627 (Ill. App. Ct. 1924)

Summary

In Mirich v. Forschner Contracting Co. 312 Ill. 343, this court held that when a case is tried by jury the court has no power to determine the weight and preponderance of conflicting testimony offered to establish or disprove the facts, and that the assumption of such power by the court would violate the constitutional right of trial by jury.

Summary of this case from New York Central R.R. Co. v. Kinsella

Opinion

Gen. No. 26,391.

Opinion filed December 16, 1924.

Action for personal injuries. Judgment for plaintiff. (See 222 Ill. App. 635.)

Appeal from the Circuit Court of Cook county; the Hon. Oscar M. Torrison, Judge, presiding. Heard in the second division of this court for the first district at the October term, 1920.

Pomeroy Martin, for appellant. Chas. C. Spencer and Frank A. Rockhold, for appellee.


Reversed and remanded.


Summaries of

Mirich v. T.J. Forschner Contracting Co.

Appellate Court of Illinois, First District
Dec 16, 1924
236 Ill. App. 627 (Ill. App. Ct. 1924)

In Mirich v. Forschner Contracting Co. 312 Ill. 343, this court held that when a case is tried by jury the court has no power to determine the weight and preponderance of conflicting testimony offered to establish or disprove the facts, and that the assumption of such power by the court would violate the constitutional right of trial by jury.

Summary of this case from New York Central R.R. Co. v. Kinsella
Case details for

Mirich v. T.J. Forschner Contracting Co.

Case Details

Full title:Milka Mirich, a minor, by her next friend, Nicholas Mirich, appellee, v…

Court:Appellate Court of Illinois, First District

Date published: Dec 16, 1924

Citations

236 Ill. App. 627 (Ill. App. Ct. 1924)

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