deficiency in one instruction (Illinois) · Go Syfert
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deficiency in one instruction in Illinois

12 Illinois opinions name it 1 courts 1963–2004 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Hartness v. Ruzichgreen
illappct · 1987 · cited in 2 Illinois opinions naming this issue, 1988–2004
2 sentences

2004See Hartness, 155 Ill.App.3d 878 , 108 Ill.Dec. 494 , 508 N.E.2d 1071 ; Wood, 50 Ill.App.3d 465 , 8 Ill.Dec. 701 , 365 N.E.2d 1087 .

2004See Hartness, 155 Ill.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Ruggiero v. Public Taxi Service, Inc. green
illappct · 1973
2 sentences

1992App. 3d 754 , 306 N.E.2d 567 .) The dissent’s reliance upon Ruggiero as authority for the proposition that a deficiency in one instruction may be cured by other instructions overlooks that part of the opinion which acknowledges “that it was error to refuse to give this part [the second paragraph] of the instruction” (Ruggiero, 16 Ill.

1992App. 3d 754 , 306 N.E.2d 567 .) The dissent’s reliance upon Ruggiero as authority for the proposition that a deficiency in one instruction may be cured by other instructions overlooks that part of the opinion which acknowledges “that it was error to refuse to give this part [the second paragraph] of the instruction” (Ruggiero, 16 Ill.

41976–1992
Wood v. Mobil Chemical Co. green
illappct · 1977
2 sentences

2004See Hartness, 155 Ill.App.3d 878 , 108 Ill.Dec. 494 , 508 N.E.2d 1071 ; Wood, 50 Ill.App.3d 465 , 8 Ill.Dec. 701 , 365 N.E.2d 1087 .

1978Generally, “[ijnstructions are to be considered as a whole and a deficiency in one instruction may be cured by another.” (Wood v. Mobile Chemical Co. (1977), 50 Ill.

31978–2004
Nowak v. Witt neutral
illappct · 1963
2 sentences

1986(Nowak v. Witt (1957), 14 Ill.

1973Nowak v. Witt, 14 Ill.App.2d 482 , 144 N.E.2d 813 ; Thompson v. Weible, 19 Ill.App.2d 422 , 154 N.E.2d 71 .

21973–1986
Miyatovich v. Chicago Transit Authority green
illappct · 1969
2 sentences

1992Here, the first section of IPI 2d No. 12.04 was read to the jury, which could *627 have confused the issue of sole proximate cause. ( Miyatovich, 112 Ill.App.2d 437 , 251 N.E.2d 345 .) Because Diamond could have been the sole proximate cause of plaintiff's injury under the evidence in this case, it was reversible error not to give the second paragraph of IPI 2d No. 12.04 to the jury.

1992Here, the first section of IPI 2d No. 12.04 was read to the jury, which could *627 have confused the issue of sole proximate cause. ( Miyatovich, 112 Ill.App.2d 437 , 251 N.E.2d 345 .) Because Diamond could have been the sole proximate cause of plaintiff's injury under the evidence in this case, it was reversible error not to give the second paragraph of IPI 2d No. 12.04 to the jury.

11992–1992
Clarkson v. Wright green
ill · 1985
1 sentence

1988App. 3d 230, 232 , rev’d on other grounds (1985), 108 Ill. 2d 129 .) The test of instructions is whether, considered as a whole and read as a series, the instructions are sufficiently clear so as not to mislead and whether they fairly and correctly state principles of law which pertain to the case; a deficiency in one instruction may be cured by another.

11988–1988
Cole v. Brundage green
illappct · 1976
2 sentences

1976Thus, a deficiency in one instruction may be cured by another.” (Cole v. Brundage (1976), 36 Ill.

1976App. 3d 782, 803 , 344 N.E.2d 583, 599 .) Considered by this standard, we believe that the jury was fairly and adequately instructed, on instructions submitted by NI-Gas, that they must find an agreement between the parties before Gaslite could recover.

11976–1976
Thompson v. Weible green
illappct · 1958
2 sentences

1973Nowak v. Witt, 14 Ill.App.2d 482 , 144 N.E.2d 813 ; Thompson v. Weible, 19 Ill.App.2d 422 , 154 N.E.2d 71 .

1973Nowak v. Witt, 14 Ill.App.2d 482 , 144 N.E.2d 813 ; Thompson v. Weible, 19 Ill.App.2d 422 , 154 N.E.2d 71 .

11973–1973
Smith v. Illinois Power & Light Corp. neutral
illappct · 1938
1 sentence

1963App. 358 , 17 N.E.2d 632 ; and a deficiency in one instruction may be supplied by another.

11963–1963
Jones v. Esenberg neutral
illappct · 1939
1 sentence

1963Jones v. Esenberg, 299 Ill.

11963–1963

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