{
  "id": 2844895,
  "name": "John F. Devine, Administrator, Appellant, v. Northwestern Elevated Railroad Company, Appellee",
  "name_abbreviation": "Devine v. Northwestern Elevated Railroad",
  "decision_date": "1913-12-22",
  "docket_number": "Gen. No. 18,328",
  "first_page": "64",
  "last_page": "65",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 64"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 194,
    "char_count": 2614,
    "ocr_confidence": 0.575,
    "sha256": "2da8143a7832ecf081227c160adb78973aec352d20e42ecc59ba6efa03087c16",
    "simhash": "1:91dad2d0430f2392",
    "word_count": 424
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John F. Devine, Administrator, Appellant, v. Northwestern Elevated Railroad Company, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baker\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baker"
      }
    ],
    "attorneys": [
      "O\u2019Donnell, Dillon & Toolen, for appellant.",
      "Addison L. Gardner for appellee."
    ],
    "corrections": "",
    "head_matter": "John F. Devine, Administrator, Appellant, v. Northwestern Elevated Railroad Company, Appellee.\nGen. No. 18,328.\n(Not to be reported in full.)\nAppeal from the Superior Court of Cook county; the Hon. John McNutt, Judge, presiding.\nHeard in this court at the March term, 1912.\nAffirmed.\nOpinion filed December 22, 1913.\nStatement of the Case.\nAction by John F. Devine, administrator of Josephine Welter, deceased, against Northwestern Elevated Bailroad Company, a corporation, to recover damages for the death of deceased alleged to have been caused by being struck by one of defendant\u2019s cars at a street crossing. From a judgment in favor of defendant, plaintiff brings error.\nAbstract of the Decision.\n1. Trial, \u00a7 268 \u2014right to special findings. In any case in which the jury renders a general verdict they must, on the request of a party, be required to find specially upon any material question or questions of fact.\n2. Negligence, \u00a7 247 \u2014right to special finding with reference to question of due care of plaintiff. In an action for damages for negligently causing death, defendant is entitled both to an instruction to find for defendant if deceased was guilty of negligence contributing to the accident and also to a special finding whether deceased was in the exercise of proper care and caution at the time of the accident.\n3. Negligence, \u00a7 250 \u2014when failure of instruction to define care required of plaintiff, not reversible error. Failure of instructions on question of due care of plaintiff to define \u201cdue and proper care and caution\u201d and \u201cordinary care,\u201d held not reversible error where it is doubtful whether any attempted definition of the words used would have made their meaning clearer.\n4. Negligence, \u00a7 250 \u2014when omission in instruction not reversible error. Omission of an instruction to state that the failure by the deceased to exercise due and proper care which would prevent a recovery for plaintiff is limited to cases where such failure caused or contributed to the injury and death of deceased, held not reversible error.\n5. Negligence, \u00a7 247 \u2014when error in excluding questions ashed on cross-examination not reversible error. Error in sustaining objections to questions asked on cross-examination concerning defendant\u2019s negligence, held not reversible error in view of a special finding of jury that deceased was not in the exercise of due care at the time of the accident.\nO\u2019Donnell, Dillon & Toolen, for appellant.\nAddison L. Gardner for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0064-01",
  "first_page_order": 88,
  "last_page_order": 89
}