Fitzpatrick v. Chicago & Western Indiana Railroad

Citations

• 139 Ill. 248
• 28 N.E. 837

Syllabus

<p>1. Construction of statutes—re-enactment—how construed. Where-the legislature re-enacts a section of a statute, and employs the same language that was found therein before such re-enactment, it will be presumed that it did so having in mind the construction that had already been placed upon it b'y the courts.</p> <p>2. Appeal from Appellate Court—certificate of importance. In an action to recover damages for the death of one by negligence, a judgment of the Appellate Court affirming the judgment of the trial court in favor of tiie defendant is final, unless the judges of that court make a certificate that the cause involves some question of law which, on account of principal or collateral interests, should be passed upon by this court. The amendment, in 1887, of section 8 of the Appellate Court act of 1877 does not apply where there has been a trial on an issue of fact.</p>