Appellate Court of Illinois, 1913

Hitz v. Illinois Central Railroad

Appellate Court of Illinois · Decided October 9, 1913 · Higbee

183 Ill. App. 558

Opinion of the Court

Mr. Justice Higbee

delivered the opinion of the court.

4. Tbial, § 78*—when rebuttal evidence may be excluded. Testimony offered in rebuttal by a plaintiff in an action for damages caused by fire set by a railroad locomotive, as to the burning, may be refused where the subject matter of the testimony was fully gone into in the case in chief. 5. Appeal and ebbob, § 1639*—when omission in instruction is cured. An instruction omitting to state that proof must be made by a preponderance of evidence will -not reverse where the omission could not have misled when all the instructions were considered together.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.