{
  "id": 2839668,
  "name": "Mary Kaminiski, Administratrix, Appellee, v. Corn Products Refining Company, Appellant",
  "name_abbreviation": "Kaminiski v. Corn Products Refining Co.",
  "decision_date": "1913-10-16",
  "docket_number": "",
  "first_page": "286",
  "last_page": "287",
  "citations": [
    {
      "type": "official",
      "cite": "184 Ill. App. 286"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 176,
    "char_count": 2533,
    "ocr_confidence": 0.497,
    "sha256": "6bff1784d8d47cbfe12712d522b87421fe6202a13bb624b938629ec719aec0f6",
    "simhash": "1:72e1c304a42845d9",
    "word_count": 416
  },
  "last_updated": "2023-07-14T18:47:41.859813+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mary Kaminiski, Administratrix, Appellee, v. Corn Products Refining Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Philbrick\ndelivered the opinion of the court.\n2. Roads and bridges, \u00a7 196 \u2014when teamster guilty of contributory negligence in avoiding obstruction in highway. In an action against an abutting owner on a public highway to recover for the death of plaintiff\u2019s intestate alleged to have been caused by defendant maintaining an obstruction in the highway by reason whereof deceased fell from his wagon and was killed, a verdict in favor of plaintiff held, not sustained by the evidence, the evidence showing that deceased was guilty of contributory negligence in driving his team.",
        "type": "majority",
        "author": "Mr. Presiding Justice Philbrick"
      }
    ],
    "attorneys": [
      "Page, Wead, Hunter & Scully, for appellant.",
      "Prettyman, Velde & Prettyman, for appellee."
    ],
    "corrections": "",
    "head_matter": "Mary Kaminiski, Administratrix, Appellee, v. Corn Products Refining Company, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Roads and bridqes, \u00a7 184 \u2014when owner of abutting property liable for maintaining a public nuisance in highway. Where an owner of property abutting on a public highway maintains in the highway a box used to connect pipes from city water works with pipes leading from the highway to the property, such box having been constructed by a former owner of the property, held, in an action against the owner for the death of a person alleged to have been caused by the defective condition of such box while driving on the highway, that the only theory upon which plaintiff could recover would be that the maintaining of such box in the highway for the use of defendant was a public nuisance and that defendant was negligent in failing to abate same.\nAppeal from the Circuit Court of Tazewell county; the Hon. Theodore N. Green, Judge, presiding.\nHeard in this court at the April term, 1913.\nReversed.\nOpinion filed October 16, 1913.\nRehearing denied December 3, 1913.\nCertiorari denied by Supreme Court (making opinion final).\nStatement of the Case.\nAction by Mary Kaminiski, administratrix of the estate of Frank Kaminiski, deceased, against Corn Products Refining Company, a corporation, to recover for the death of the deceased alleged to have been caused by the defendant unlawfully and negligently maintaining a certain box in a highway in such a condition that deceased in driving along the highway ran over and upon the same and was thrown from his wagon and killed. From a judgment in favor of plaintiff for seven thousand dollars, defendant appeals.\nPage, Wead, Hunter & Scully, for appellant.\nPrettyman, Velde & Prettyman, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, same topic and section number."
  },
  "file_name": "0286-01",
  "first_page_order": 310,
  "last_page_order": 311
}