Brimie v. Belden Manufacturing Co., 211 Ill. App. 267 (1918)

May 14, 1918 · Illinois Appellate Court · Gen. No. 23,177
211 Ill. App. 267

Paul K. Brimie, Appellee, v. Belden Manufacturing Company, Appellant.

Gen. No. 23,177.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and error, § 487 * — when defendant bound by special finding of fact. A defendant is bound by a special finding of fact *268in response to a special interrogatory where no motion is made to set it aside and no error has been assigned thereon.

*267Appeal from the Circuit Court of Cook county; the Bon. Merritt W. Pinckney, Judge, presiding. Heard in the Branch Appellate Court at the Miarch term, 1917.

Affirmed.

Opinion filed May 14, 1918.

Rehearing denied May 24, 1918.

Statement of the Case.

Action by Paul K. Brimie, plaintiff, against Belden Manufacturing Company, a corporation, defendant, under section 3 of the Workmen’s Compensation Act of 1911 (J. & A. 5451), to recover for personal injuries received while in defendant’s employ. From a judgment for plaintiff for $3,200, defendant appeals.

Wilkerson, Cassels & Potter, for appellant; Ralph F. Potter, of counsel.

Amos W. Marston and Charles C. Spencer, for appellee.

Mr. Justice McDonald delivered

the opinion of the court.