Corcoran v. City Of Chicago

373 Ill. 567, 27 N.E.2d 451 (1940).


Corcoran (P) sued the City of Chicago (D) for personal injuries from poorly maintained streets. The jury gave an award to P. D moved for a new trial and was denied. D appealed. The appellate court reversed the judgment; the weight of the evidence was against the verdict. This type of review was granted to state appellate courts by statute; they have the power to review errors of fact in a judgment, decree, or order if they are not sustained by the evidence or they are against the weight of the evidence. P appealed; the statute was unconstitutional because it denied him the right to a trial by jury.