Senger v. Town of Harvard

Mr. Justice Magruder, dissenting: It seems to me, that

the opinion restricts the power of the jury to pass upon controverted questions of fact by vesting' the Appellate Courts with such power. The reasons for this view are set forth in the dissenting opinion in Siddall v. Jansen, 143 Ill. 543 . I think that the 87th section of the Practice Act was never intended by the Legislature to refer to cases tried before juries, but only to cases tried by agreement before the court without a jury.