Barker v. Koozier

Citations

• 80 Ill. 205

Syllabus

<p>1. Pleading—counts in case and trespass may be joined. Under the statute abolishing the distinction between actions of trespass and trespass on the case, there is no reason why a count in trespass and one in trespass on the case may not be joined in the same declaration.</p> <p>3. Same—defeat in, when cured by verdict. A declaration which avers that the defendant unlawfully drove along the center of the traveled track of the highway and thereby forced the defendant upon a bank, whereby liis carriage was upset, without averring that the plaintiff and defendant met in the highway and that defendant refused to turn to the right, whilst it might be bad on demurrer, will be sufficient to sustain a judgment where the general issue is filed and a trial had, and the evidence shows that the parties did meet and that defendant refused to turn to the right, and thereby the injury was occasioned. In such case the defect in the declaration is cured by the verdict.</p>