Northern Line Packet Co. v. Binninger

Citations

• 70 Ill. 571

Syllabus

<p>1. Removal of cause from State to United States court. A petition by a corporation for the removal of a cause from a State to a United States court, under the act of Congress of July 37, 1868, should state that the defendant is a corporation organized under a law of the United States, or that there is a defense arising under the constitution of the United States, or some treaty or law of the United States.</p> <p>3. To entitle a defendant corporation to have a Cause removed from a State court to the circuit court of the United States, under the act of Congress of March 3, 1867, the petition should show that all the corporators are non-residents of the State.</p> <p>8. Witness—impeachment—by contradictory statements. When a written statement, made by a witness, which is materially different from his testimony about the same subject matter, is shown to him on cross-examination, and an opportunity thus afforded for explanation of the discrepancies, it is proper to let the paper be read in evidence, as a contradictory statement, for the purpose of impeachment,</p> <p>4. Negligence. The question of negligence is one of fact, which must be left to the jury for determination.</p> <p>5. Instructions—modification. Where, in the modification of an instruction, the court but repeats at the end what is said in the body of it, it is not admissible for the party asking the instruction to assign such modification for error.</p> <p>6. Same—considered as a series. In an action by a passenger against a steamboat company for damages, claimed to have been caused by the negligence of the company, an instruction that, before the jury can find the defendants guilty, they must believe, from the evidence, that the defendant was guilty of greater negligence than the plaintiff, when taken by itself is calculated to mislead the jury.</p> <p>7. But if other instructions are given on the same side, stating clearly what acts of negligence on the part of the plaintiff will prevent his recovery,