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49 Ill. 364

Dull v. Bramhall

Illinois Supreme Court

Decided September 15, 1868

Illinois Supreme Court · decided 1868-09-15

Appeal JErom the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was an action of assumpsit, brought in the court below by Bramhall, against Dull & Cowan, to recover for work and labor.

Decided 1868-09-15

Mr. Chief Justice Breese

¶1delivered the opinion of the Court:

¶2The testimony in this case strongly preponderates in support of the verdict of the jury.

¶3The important question was, did the plaintiff engage to furnish these ingenious plans for launching and anchoring the crib, when he engaged, to take the superintendency of the work as a carpenter ?

¶4"We think it is clearly shown, that it was no part of his original employment or duty—it was extra work outside of the contract, and the plans were designed when he was not in the employmént of the defendants, and for which he entered a charge in his book.

¶5The plans were acknowledged to be very ingenious, and quite successful, giving evidence of such inventive genius as in most countries would have been attended by high honor and great reward.

¶6The record cannot be read without coming to the conclusion that appellee worthily earned the pittance ($625) the j ury gave him, and that it was extra work there can be no doubt.

¶7There is no question of law in the case. The qualification claimed by appellants to appellee’s third and fourth instructions, fully appear in instructions two and six given for him, and in many of the instructions given for the appellants.

¶8So far as the testimony can be said to be conflicting, the jury have reconciled it as best they could, and there is nothing in the case on which we could take hold, to disturb the verdict. So far as it goes, it does appellee but slight justice.

¶9There being no error in the record, the judgment must be affirmed.

¶10Judgment affirmed.

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