Smith v. Ford

7 Citing cases

  1. Schuchman v. Stackable

    198 Ill. App. 3d 209 (Ill. App. Ct. 1990)   Cited 24 times
    Falling tree top

    However, as the evidence disclosed, the jury could have concluded on the basis of expert testimony that the defendant's care and treatment caused no injury to plaintiff in addition to that sustained by the falling of the tree top upon him. A party has a right to have the jury instructed on his theory of recovery or defense if that theory is supported by facts in evidence or by reasonable inference from facts in evidence. ( Smith v. Ford (1976), 43 Ill. App.3d 407, 356 N.E.2d 1306.) In view of the evidence adduced at trial, the trial court did not err in giving the second paragraph of IPI Civil 2d No. 12.05.

  2. People v. Hanna

    120 Ill. App. 3d 602 (Ill. App. Ct. 1983)   Cited 14 times

    He found the witness' qualifications unacceptable, and his preliminary questions to Steindler on cross-examination properly allowed Steindler an opportunity to explain what the State must have felt were discrepancies or misrepresentations. Cf. Smith v. Ford (1976), 43 Ill. App.3d 407 (impeachment must be preceded by calling the attention of the witness to be impeached to the alleged omissions and giving such witness the opportunity to explain). Further, it has been held to be error for the prosecutor to ask a defense witness a question designed to lay a foundation for an impeachment unless he is prepared to follow up a denial of the question with proof of the inference contained in the question.

  3. Galindo v. Riddell, Inc.

    437 N.E.2d 376 (Ill. App. Ct. 1982)   Cited 27 times
    Concluding that it was error to permit a professional football player to testify regarding the safety of a football helmet

    • 2 In general, experiments are incompetent as evidence unless the essential conditions of the experiment are shown to be the same as those existing at the time of the accident. ( Ryan v. Blakey (1979), 71 Ill. App.3d 339, 389 N.E.2d 604; Smith v. Ford (1976), 43 Ill. App.3d 407, 356 N.E.2d 1306.) However, when an experiment is not represented to be a reenactment of the accident and it deals with one aspect or principle directly related to the cause or result of the occurrence, the exact conditions of the accident need not be duplicated. Skalon v. Manning, Maxwell Moore, Inc. (1970), 127 Ill. App.2d 145, 262 N.E.2d 146; Johnson v. Chicago North Western Ry. Co. (1956), 9 Ill. App.2d 340, 348, 132 N.E.2d 678.

  4. Wallace v. Weinrich

    87 Ill. App. 3d 868 (Ill. App. Ct. 1980)   Cited 21 times
    In Wallace, the appellate court determined that defendant was negligent after he hit a child playing in the street as he was reversing out of his driveway.

    Thus the effect of the trial court's refusal of the two instructions was to prevent the jury from considering section 1205. A party has a right to have the jury instructed on his theory of recovery or defense if that theory is supported by facts in evidence or by reasonable inference from facts in evidence. ( Smith v. Ford (1976), 43 Ill. App.3d 407, 356 N.E.2d 1306.) Instructions concerning violation of a statute should not be given unless the evidence is adequate to support a finding that a violation actually occurred. ( Figarelli v. Ihde (1976), 39 Ill. App.3d 1023, 351 N.E.2d 624; IPI Civil No. 60.00.)

  5. Wolter v. Chicago Melrose Park Associates

    68 Ill. App. 3d 1011 (Ill. App. Ct. 1979)   Cited 16 times
    In Wolter v. Chicago Melrose Park Associates (1979), 68 Ill. App.3d 1011, 1016-17, cited by Mazurek, the appellant had claimed in his post-trial motion that the verdict was against the manifest weight of the evidence.

    The defendant had a right to have the jury instructed on its theory of the case which was supported by facts in evidence or by reasonable inferences from facts in evidence. ( Smith v. Ford (3d Dist. 1976), 43 Ill. App.3d 407, 411, 356 N.E.2d 1306.) We do not find that the instructions considered in their entirety were so misleading or prejudicial as to warrant reversal.

  6. Kofahl v. Delgado

    380 N.E.2d 407 (Ill. App. Ct. 1978)   Cited 11 times

    As can be seen from our discussion of the facts such a view clearly was supported by the evidence; consequently the defendant had a right to have the instruction presented to the jury. Pantaleo v. Gamm, 106 Ill. App.2d 116, 245 N.E.2d 618; Smith v. Ford, 43 Ill. App.3d 407, 356 N.E.2d 1306; Garrett v. Babb, 24 Ill. App.3d 941, 322 N.E.2d 217. Plaintiff's final contention is that the trial court erred in refusing her tendered instructions Nos. 13 and 23. She, however, has not specified in her brief why such refusal was error.

  7. Gaslite Ill., Inc. v. Northern Ill. Gas Co.

    46 Ill. App. 3d 917 (Ill. App. Ct. 1976)   Cited 10 times
    In Gaslite Illinois, Inc., the appellate court considered whether a check for partial payment was evidence of an agreement between the parties or to settle the underlying claim.

    This court would have been fully justified in refusing to review these instructions at all in view of the fact that the excerpts from the record submitted herein do not contain all of the instructions tendered or given, and especially because the proceedings at the conference on instructions, as excerpted, contain no reference whatsoever to these two instructions. Smith v. Ford (1976), 43 Ill. App.3d 407, 356 N.E.2d 1306; Geleto v. Giglietti (1976), 40 Ill. App.3d 226, 352 N.E.2d 1. • 10, 11 However, we have thoroughly examined the record and find that the trial court properly excluded defendant's proposed instruction 7. Briefly stated, the only competent evidence bearing on this issue was the testimony of Gaslite's president, Mr. Klein, who stated that after NI-Gas announced there would be no campaign, Gaslite expended a certain sum of money on advertising, increased its efforts to sell gas lights and gas grills to other parties, and did in fact increase the sales to those parties, but not to the extent of its loss of sales to NI-Gas.