Chicago & Northwestern Railway Co. v. Button

Citations

• 68 Ill. 409

Syllabus

<p>1. Pabty plaintipp—personal injury to wife. For personal injuries to the wife, she alone must sue,.and the joinder of her husband with her is error, for which a judgment in their favor will be reversed.</p> <p>2. Misjqindeb op pabties—how avoided. Where a husband was improperly joined with his wife in an action brought prior to the Practice act of 1872, it was held, that he might, be dismissed from the case after that act took effect, and the cause proceed in the wife’s name.</p> <p>3. Admissions—weight of evidence, when proved,. Where an admission is deliberately and understandingly made and precisely identified, it often affords -evidence of the most satisfactory nature. But when it appears that, the party making verbal statements or admissions was misinformed, or did not clearly express his own meaning, or that the witnesses misunderstood him, or can not give the words used, so that, by altering the expressions used, a different effect may be given to what the party did say, it is of but little weight, and ought to be received and considered with caution.</p> <p>4. Instruction—repenting. ■ There is no error in refusing an instruction which, so far as it states a principle of law applicable to the case, is embraced in one given.</p>