Opinion

Merchants National Bank v. Elgin, Joliet & Eastern Railway Co.

  • 49 Ill. 2d 118
  • 273 N.E.2d 809
  • 1971 Ill. LEXIS 284
Court
Illinois Supreme Court
Filed
May 21, 1971
Status
Published
Author
Schaefer
On the bench
Goldenhersh, Schaefer, Underwood
Cited by
109 cases

holding proper plaintiff’s expert’s testimony that defendant’s railroad crossing was “very inadequately protected”

How later courts described this case

  • holding proper plaintiff’s expert’s testimony that defendant’s railroad crossing was “very inadequately protected”
  • holding proper plaintiff's expert testimony that defendant's railroad crossing was "very inadequately protected"
  • expert may testify to the ultimate issue in the case because the jury is free to reject that opinion
  • an expert was allowed to testify whether a railroad crossing was adequately protected

Written by the judges who cited it.

The opinion

Mr. Justice Schaefer, also dissenting:

In my opinion the judgment must be reversed because of the error in permitting the plaintiff’s expert witness to testify.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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