Latham v. Roach

• Decision Date: 31 January 1874
• Citation: 72 Ill. 179,1874 WL 8784
• Parties: ROBERT B. LATHAM et al.v.MARY ROACH.
• Court: Illinois Supreme Court

72 Ill. 179

1874 WL 8784 (Ill.)

ROBERT B. LATHAM et al.

v.MARY ROACH.

Supreme Court of Illinois.

January Term, 1874.

APPEAL from the Circuit Court of Macon county; the Hon. ARTHUR J. GALLAGHER, Judge, presiding.

Messrs. BEASON & BLINN, for the appellants.

Mr. WM. B. JONES, and Mr. L. WELDON, for the appellee.

Mr. JUSTICE CRAIG delivered the opinion of the Court:

This was an action on the case, brought by appellee against appellants, to recover damages for injuries sustained by her in consequence of the falling of an amphitheatre during the holding of a fair in Logan county, in the fall of 1868. The cause was tried in the circuit court of Macon county, before a jury, and a verdict found in favor of appellee for $5000. A motion for a new trial was made and overruled, and judgment entered upon the verdict.

It is urged by appellants, that the evidence shows the fair was held by the Logan County Agricultural Society, and not by appellants as individuals, and a reversal of the judgment is asked on the ground that the verdict is contrary to the testimony.

This was a question of fact purely for the consideration of the jury. The issue was fairly presented both by the evidence submitted and the instructions of the court, and it has been repeatedly held by this court, that the judgment will not be disturbed unless it is clearly in conflict with the weight of the evidence.

After a careful examination of the record upon this question, which was a vital one in the case, we can not say the verdict of the jury was clearly against the weight of the evidence.

It was in proof before the jury, that the Logan County Agricultural Society was incorporated in 1857; that fairs were held on grounds owned by the society for several years, the last being in 1861. In 1862, the grounds were used by the government, and occupied by soldiers. While thus occupied, the improvements were, to a great extent, destroyed. In 1867, the grounds were sold upon an execution on a judgment rendered against the society. The last election held by the society to elect officers was in 1861, at which time Evans was elected president. After this, it does not appear that any steps were taken by the society to keep up the organization. While it may be conceded that the corporation was in existence in 1868, yet the fact that, for seven years, it had done nothing to advance the objects for which it was organized, and permitted its grounds to be sold upon execution, would justly have great weight with the jury in arriving at the conclusion that the fair, in 1868, was not held by the old organization.

The evidence entirely fails to show that the Logan County Agricultural Society, as such, held the fair in 1868; on the contrary, it is very apparent that the defendants, without consulting the officers of the old society, purchased grounds and improved them at their own expense, with the bare exception of $150 worth of old material, that was taken from the old fair grounds and used on the new. The title to the land was taken in the name of one them. They employed mechanics to construct the buildings, at their own expense, and, practically, the defendants held the fair. True, they gave it the name of the old society, but the name under which the defendants chose to hold the fair could not, in any manner, change their liability or render any other person or corporation responsible for their acts.

It is insisted...