Corcoran v. City Of Chicago
373 Ill. 567, 27 N.E.2d 451 (1940).
Nature of the Case
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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.
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