{
  "id": 5245185,
  "name": "William E. Moyers, Plaintiff-Appellee, v. Chicago & Eastern Illinois Railroad Company, a Corporation, Defendant-Appellant",
  "name_abbreviation": "Moyers v. Chicago & Eastern Illinois Railroad",
  "decision_date": "1963-10-22",
  "docket_number": "Gen. No. 63-0-34",
  "first_page": "316",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "43 Ill. App. 2d 316"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "189 NE2d 793",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "41 Ill App2d 1",
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      "reporter": "Ill. App. 2d",
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    {
      "cite": "166 NE2d 296",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "25 Ill App2d 367",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
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      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "110 NE2d 758",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "349 Ill App 393",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5102385,
        5103371
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/349/0393-01",
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  "last_updated": "2023-07-14T19:57:38.694985+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "CULBERTSON, PJ and HOFFMAN, J, concur."
    ],
    "parties": [
      "William E. Moyers, Plaintiff-Appellee, v. Chicago & Eastern Illinois Railroad Company, a Corporation, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "SCHEINEMAN, J.\nThis is a crossing accident case involving a collision between a truck and a train in which the driver sustained injuries. A jury returned a verdict for $65,000 upon which judgment was entered, and the railroad brings this appeal.\nThe testimony in the case is highly conflicting; almost everything testified to by any witness was contradicted by others. The testimony of a number of witnesses for the defendant, if believed, would tend to prove contributory negligence on the part of plaintiff. In this state of the record, the defendant tendered the following special interrogatory:\n\u201cDo you. find from the evidence that at and immediately prior to the collision in question the plaintiff was guilty of any contributory negligence which was a proximate cause of said collision?\u201d\nThe conduct of the plaintiff at the time specified was an issue in the case. The interrogatory was tendered and considered during the conference on instructions, but the court sustained an objection to it and refused to give it. The plaintiff\u2019s objection is reported as follows:\n\u201cI want to object to the offering of this interrogatory. It\u2019s covered by the instructions and will be included in their verdict.\u201d\nThis objection is without merit. No matter how completely and accurately the jury is instructed, this is no ground for objection to a proper interrogatory, and, since the interrogatory must be on an ultimate issue of fact, it always is covered by the general verdict. The important point is, that the answer to the special interrogatory controls the general verdict and will nullify the verdict if inconsistent therewith.\nSection 65 of the Practice Act provides that the jury may be required by the Court \u201cand must be required on request of any party, to find specially upon any material question or questions of fact stated to them in writing.\u201d\nIt is uniformly held that this provision of the statute is mandatory and the court has no discretion to refuse the request if it is on a material ultimate fact. Jones v. Phillips, 349 Ill App 393, 110 NE2d 758; Todd v. Borowski, 25 Ill App2d 367, 166 NE2d 296; Millsap v. Central Wisconsin Motor Transp. Co., 41 Ill App2d 1, 189 NE2d 793.\nThese cited cases also clearly demonstrate that the negligence of a defendant and contributory negli-gen.ce of a plaintiff are material ultimate facts. The tendered interrogatory and accompanying instructions should have been given. For this reason the judgment is reversed and the cause remanded for a new trial. Other assignments of error do not present points of sufficient merit to require inclusion in this opinion.\nReversed and remanded.\nCULBERTSON, PJ and HOFFMAN, J, concur.",
        "type": "majority",
        "author": "SCHEINEMAN, J."
      }
    ],
    "attorneys": [
      "August L. Fowler, of Marion, and Hart & Hart, of Benton (P. C. Mullen and Frank E. Grlowacki, of Chicago Heights, of counsel), for appellant.",
      "Elmer Jenkins, of Benton, for appellee."
    ],
    "corrections": "",
    "head_matter": "William E. Moyers, Plaintiff-Appellee, v. Chicago & Eastern Illinois Railroad Company, a Corporation, Defendant-Appellant.\nGen. No. 63-0-34.\nFourth District.\nOctober 22, 1963.\nRehearing denied November 13, 1963.\nAugust L. Fowler, of Marion, and Hart & Hart, of Benton (P. C. Mullen and Frank E. Grlowacki, of Chicago Heights, of counsel), for appellant.\nElmer Jenkins, of Benton, for appellee."
  },
  "file_name": "0316-01",
  "first_page_order": 326,
  "last_page_order": 328
}