CORCORAN v. CITY OF CHICAGO 373 Ill. 567, 27 N.E.2d 451 (1940). CASE BRIEF

CORCORAN V. CITY OF CHICAGO

373 Ill. 567, 27 N.E.2d 451 (1940)

NATURE OF THE CASE: This was an action to recover damages for personal injuries and an appeal from a reversal of a ruling overruling a motion for a new trial.

FACTS: Corcoran (P) sued the City of Chicago (D) for personal injuries from poorly maintained streets. The jury gave an award to P. D moved for a new trial and was denied. D appealed. The appellate court reversed the judgment; the weight of the evidence was against the verdict. This type of review was granted to state appellate courts by statute; they have the power to review errors of fact in a judgment, decree, or order if they are not sustained by the evidence or they are against the weight of the evidence. P appealed; the statute was unconstitutional because it denied him the right to a trial by jury.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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