Neer v. Illinois Central Railroad

Citations

• 138 Ill. 29
• 27 N.E. 705

Syllabus

<p>1. Practice in the Appellate Court—reversal without remanding. Where there is in the evidence a real controversy of fact, the question of fact must be left to the jury. Where, however, the evidence, with all the inferences which the jury might justifiably draw from it, is so insufficient to support their verdict that the trial court would have been warranted in directing them to find for the defendant, but failed to. do so, then, and only then, can the Appellate Court reverse without, remanding.</p> <p>2. The Appellate Court, on the reversal of a judgment of the trial court, should remand the cause, unless it would be justified in finding for the defendant if sitting in the place of the trial judge,—that is to-say, unless it appears there is no conflict- in the evidence upon the material issues, and unless there is no evidence tending to sustain the-issues on the part of the plaintiff.</p> <p>3. Apueaij—finding of facts by the Appellate Court. Where the judg- ' ment of the Appellate Court is the result of a finding of the facts different from that of the trial court, the Appellate Court is required to set. out its finding, by way of recital, in its final order or judgment, in tliesame manner the facts are usually set forth and recited in decrees in chancery. The facts in this manner become a part of the judgment or-decree itself.</p> <p>4. Where the Appellate Court reverses a judgment upon the facts or-evidence, the facts as found by that court should include the .facts concerning every material issue submitted to the trial court.</p>