{
  "id": 2826681,
  "name": "Frank Kohl, Administrator, Appellee, v. Chester D. Clarkson, Appellant",
  "name_abbreviation": "Kohl v. Clarkson",
  "decision_date": "1913-08-02",
  "docket_number": "Gen. No. 5,670",
  "first_page": "519",
  "last_page": "520",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 519"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 171,
    "char_count": 2028,
    "ocr_confidence": 0.529,
    "sha256": "2bb39201a179654cfbb1553027983e26d379c9de253bf2ec09b73aabf01108c6",
    "simhash": "1:1f5dcb8c400aa059",
    "word_count": 337
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frank Kohl, Administrator, Appellee, v. Chester D. Clarkson, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Whitney\ndelivered the opinion of the court.\n2. Death, \u00a7 78 \u2014when verdict not sustained by the evidence. In an action against an owner of a laundry to recover for death of an employe while cleaning a laundry wringer, verdict \u2022 in favor of plaintiff, held contrary to the weight of the evidence.\n3. Witnesses, \u00a7 131*\u2014when defendant incompetent in an action for wrongful death. In an action for wrongful death, defendant held incompetent to testify whether he had talked with deceased or warned him with reference to the use of a machine.\n4. Instructions, \u00a7 126*\u2014propriety of abstract instruction. Instructions which are only abstract propositions of law not connected with the evidence in the case may be properly refused.",
        "type": "majority",
        "author": "Mr. Presiding Justice Whitney"
      }
    ],
    "attorneys": [
      "Frank T. Miller and Jay T. Hunter, for appellant.",
      "Nathan H. Weiss, for appellee."
    ],
    "corrections": "",
    "head_matter": "Frank Kohl, Administrator, Appellee, v. Chester D. Clarkson, Appellant.\nGen. No. 5,670.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Death, \u00a7 46 \u2014evidence sufficient to prove want of contributory negligence. In an action for death of plaintiff\u2019s intestate where there was no eyewitness to the killing, administrator may prove ordinary care on the part of deceased by the highest proof of which the case is capable, including the habits of deceased, and from any other facts and circumstances from which jury may find that he exercised such care.\nAppeal from the Circuit Court of Peoria county; the Hon. Leslie D. Puteebatjgh, Judge, presiding. Heard in this court at the April term, 1913.\n\u2022 Reversed with finding of fact.\nOpinion filed August 2, 1913.\nStatement of the Case.\nAction by Frank Kohl, administrator of the estate of Henry Kohl, deceased, against Chester D. Clarkson to recover damages for the death of deceased while in the employ of defendant. From a judgment in favor of plaintiff for two thousand dollars, defendant appeals.\nFrank T. Miller and Jay T. Hunter, for appellant.\nNathan H. Weiss, for appellee.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0519-01",
  "first_page_order": 543,
  "last_page_order": 544
}